Madras High Court quashes phone tapping order, cites violation of right to privacy

Says interception of calls must follow lawful procedure

- MPOST BUREAU

CHENNAI: The Madras High Court on Wednesday held that telephone tapping constitutes a violation of the right to privacy unless justified by a procedure established by law. Justice N Anand Venkatesh also observed that the right to privacy is now an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution.

The judge said section 5(2) of the Telegraph Act authorizes interception of telephones on the occurrence of a public emergency or in the interests of public safety. Both these contingencies were not secretive conditions or situations. Either of the situations would be apparent to a reasonable person.