Illegally intercepted phone calls being used as Evidence is Violation of Fundamental Right: Delhi High Court

Judge Gavel Law Insider

Ambika bhardwaj

Published On: January 18, 2022 at 16:58 IST

On January 18, the Delhi High Court ruled that acknowledging illegally intercepted messages and audio conversations as proof promotes violations of citizens Fundamental Rights.

It was reported by Bar and Bench that according to Justice Chandra Dhari Singh, an order for interception can only be issued if two important criteria are met: the occurrence of a public emergency or the interests of public safety.

Singh further stated that if the instructions of the Supreme Court in PUCL, which have now been re-enforced and authorised by the Hon’ble Supreme Court in KS Puttaswamy, as well as the mandatory rules in respect to the illicitly intercepted messages/audio discussions pursuant to an order having no sanction of law, are allowed, it will result in arbitrariness and encourage a disregard for the procedure and Fundamental Rights of citizens.

Also read: Exceptions to Fundamental Rights in Indian Constitution

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