HC to get info on operators’ knowledge

Saurabh Malik

Tribune News Service

Chandigarh, April 22

Just over a fortnight after the Punjab and Haryana High Court made clear its intent to revisit guidelines on interception of phone calls, Haryana and the Central Bureau of Investigation (CBI) have undertaken to inform the Bench about knowledge of private phone operators regarding the entire exercise.

Justice Rajan Gupta has asked the Haryana counsel to apprise the Bench whether provisions of the Indian Telegraph Act were followed while intercepting phone calls of an accused.

Justice Rajan Gupta had, on the previous date of hearing, asked the state counsel to specify “whether interception of phones was done in accordance with the guidelines, if any”.

The query came during the hearing of a regular bail plea filed by Yogesh Rathi against the CBI in a case around the attack on Finance Minister Capt Abhimanyu’s house.

As the petition came up for resumed hearing, CBI counsel Sumeet Goel produced a notification dated January 28, 2014, bringing an amendment in the Indian Telegraph Act.

Goel submitted that the amendment was in consonance with the law laid down by the apex court in the “People’s Union for Civil Liberties versus the Union of India”. The state counsel prayed for additional time to address the court.

Taking note of the assertions, Justice Gupta asserted that the state counsel might apprise the court whether provisions of the Indian Telegraph Act were followed while intercepting calls of accused in the present case.

“The counsel further submit that they can address on the question whether private telephone companies are made aware of the decision to intercept calls and whether they are conscious of such exercise being undertaken in respect of particular customer,” Justice Gupta observed.

The issue came under the judicial scanner after a reply by a CBI Additional Superintendent of Police was placed before the Bench.

Referring to the reply, CBI counsel submitted that the investigating agency of the state police had, during proceedings, intercepted certain telephone calls. Record of the same was available in a sealed cover and would be shown to the court, he added.

Justice Gupta had then asked the counsel to specify whether guidelines, if any, were complied with at the time of intercepting the phone calls.

Responding to the query, the counsel said the apex court judgment had laid down broad parameters under which the state could resort to such measures.

The FIR was registered after a mob attacked and put on fire Capt Abhimanyu’s house in Rohtak. Keeping in view the gravity of the offence, the investigation was handed over to the CBI.