The Delhi High Court on Friday threw out a plea by a man, charged in as many as 52 cases, challenging an executive decision to tap his phone. The court said all procedures were followed and there was adequate material on record to intercept his calls.
Haji Usman had filed a writ petition against the state government, Commissioner of Delhi Police and Special Cell DCP for intercepting his calls in 2004-05. The petition claimed the directive was in violation of the Telegraph Act and established principles necessitating such an order.
The prosecution countered that the accused had been on the radar for long because of his criminal antecedents and was nabbed with illegal arms on April 30, 2005. Their affidavit further disclosed that Usman was accused of his involvement in 52 cases under the Arms Act, NDPS Act, the FERA, the Gambling Act and IPC.
After pursuing the records, Justice S Muralidhar said the authorities had complied with laid down procedures and also with the Supreme Court order in which several guidelines were issued to ensure a citizen?s right to privacy was not breached. The court also observed that the authorities had placed records before the Home Secretary of the state government and intercepted the calls after his due permission.
?The respondents have to only show that there was sufficient material on record which formed the basis to intercept the said mobile number. That burden has been discharged by the respondents,? noted Justice Muralidhar.