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Tapped telephonic talk can be basis for FIR, rules SC New Delhi, September 1 Setting aside the Bombay High Court verdict that had quashed the FIR filed against Bharat Shah under the Maharashtra Control of Organised Crime Act (MCOCA), a bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and M.K. Sharma held that investigations can be initiated on the strength of tapped telephonic talk showing involvement of a person’s links with underworld. The Maharashtra government had challenged the Bombay High Court order that no case could be registered solely on the basis of telephonic conversation as telephone tapping of an individual without following the rules amounted to encroaching upon the privacy of an individual. Holding that such intercepted communication was admissible, the apex court said it was necessary to ascertain the truth of the conversation and expose the extent of underworld money in the film industry. Bharat Shah is facing allegations of having close links with mafia dons like Dawood Ibrahim and Chota Shakeel.
Notice to states Chandigarh, September 1 Taking suo-motu cognisance of a news report carried in The Tribune on August 30 on the phones of the judges being bugged, Justice Ranjit Singh directed the issuance of notices to states of Punjab and Haryana along with union territory of Chandigarh through the home secretaries, terming it as a serious violation of constitutional rights of
judges. Justice Ranjit Singh also directed the issuance of notices to all service providers, including BSNL, Airtel and Spice. They have been asked to inform the high court if they have been bugging the phones of the judges. In his detailed order, which has been placed before Chief Justice Tirath Singh Thakur for taking it up on the judicial side, Justice Ranjit Singh asked the states to specify if there was any procedure regulating the bugging of the phones at their or the Central government’s level. Justice Ranjit Singh has also clarified that notice can be issued to the Union of India, if need be. Justice Ranjit Singh was reportedly of the view that the matter was of concern and it was hard to comprehend how a state agency could resort to such an illegal practice aimed at invading the privacy of constitutional post holders. Justice Ranjit Singh was also of the opinion that if the phones were indeed being bugged, it was a serious violation of legal and constitutional rights of a judge, even as an ordinary citizen. The Judge added if the phones were being tapped, those responsible for the offence need to be made answerable for the illegal action. Changing the service provider was not the end of the matter. There was a need not just to check the illegal practice, but action was also required to be taken against the state agencies and the service providers resorting to the illegal methods. Apprehending the tapping of their phones, the judges had earlier decided to change the existing service provider, and to go in for new numbers from a different service provider. The matter is expected to be placed before the committee concerned of two judges for the implementation of the decision. It is believed almost 15 judges had prior to this penned down their apprehensions in a letter to the then Chief Justice and demanded a probe by an independent agency. The judges were of the view that individuals, firms or agencies, without a licence and proper official documents, were barred from tapping any private or public phone. Tapping could be resorted to only when the national security was involved, and that also with the prior permission of the homes secretary.
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