JUDGMENT

S.N. Variava, J.-Leave granted.

Heard parties.

Briefly stated the facts are as follows :

On 13th December, 2001 five terrorist attacked the Parliament of India. After an encounter, with the security forces, the five terrorists were shot dead. A F.I.R. was lodged by the Station House Officer, Police Station, Parliament Street. A case under Sections 120, 120B, 121, 121A, 122, 124, 186, 332, 353, 302 and 307 IPC, Sections 3, 4 and 5 of the Explosive Substances Act and Sections 25 and 27 of the Arms Act was registered. Investigation was then initiated. From the slain terrorists apart from arms, ammunitions and other items, three mobile phones, 6 sim cards and slips of paper containing five mobile telephone numbers and other two telephone numbers were recovered. It is the case of the prosecution that due to urgency authorisation to intercept was granted by the Joint Director of Intelligence Bureau, who was associated with the investigation. It is the case of the prosecution that this authorisation was as per the provisions of the Telegraph Act i.e. Section 5 of the Telegraph Act read with Rule 419A. It is the case of the prosecution that the interception disclosed the involvement o