New Delhi: Delhi HC has argued that it allows illegally intercepted messages and audio conversations as evidence, without sanctions, will lead to real arbitral and promote a little attention to the procedures and fundamental rights of citizens.
Such recordings are unacceptable as evidence in court, said HC, while setting aside orders to frame the fees against a man for allegedly facilitating the receipt of MBBS in bribery exchanges.
Justice Chandra Dhari Singh said according to section 5 (2) the telegraph law, the order for interception can be issued in the occurrence of general emergencies or for public safety purposes according to the assessment of the Supreme Court in the People’s Union in the People’s Union for Civil Liberties vs Union of India In 1997.
The APEX court has held “the right to privacy will definitely include a telephone conversation in a person’s home or office privacy”.
Then, Puttaswamy’s assessment has held privacy rights protected by the Constitution as an intrinsic part of the right to life and personal freedom in Article 21 and as part of the freedom guaranteed by the Part III of the Constitution.
The CBI registered a case in 2010 for alleged criminal conspiracies.
In 2012, the trial court framed accused of the applicant and was accused of another.
The material submitted to the applicant was the audio record of his conversation with the defendant Sukhwinder Singh and sticky rice.
According to the applicant, the alleged recording and all such material must be arranged in futile.
In an assessment of 80 pages, the High Court noted that according to the rules of 419A under the Telegraph Law, a permit order permission from the house secretary to intercept the telephone conversation will be forwarded to the review committee in seven days, which is not done in this case.
“Therefore, this court believes that a special judge, while passing a stabbed command, has truly ignored the provisions of the rules mentioned above,” he added.
Call record records cannot be accepted because the procedure because the interception is not followed, the judge shows.
“Even the same thing has not been verified in the FSL (Forensic) report.
There are no further witnesses to involve applicants on the record.”
Cassettes recorded illegally cannot be proof: Delhi HC
