Back
SANDEEP V. MARNE
Shyamalendu Kumar Das – Appellant
Versus
Union of India, through its Secretary Ministry of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. allegations against petitioner of corruption. (Para 2 , 3 , 4 , 5) |
| 2. defense argues interception orders lack justification. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's assessment of the validity of interception orders. (Para 13) |
| 4. court addresses maintainability of the petition. (Para 14 , 17) |
| 5. necessity for recording reasons for interception. (Para 20 , 21 , 22 , 23 , 24) |
| 6. public emergency prerequisite for interception. (Para 30 , 31 , 32) |
| 7. analysis of high court judgments on interception. (Para 36 , 40) |
| 8. discussion on the existence of public safety and emergency in corruption cases. (Para 45) |
| 9. court dismisses the petition. (Para 54) |
JUDGMENT:
Sandeep V. Marne, J.
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, petition is taken up for final hearing and disposal.
A. THE CHALLENGE
2. Petition raises challenge to Orders dated 9 March 2018 and 17 March 2018 passed by the Secretary, Ministry of Home Affairs, Government of India under provisions of Sub-section (2) of Section 5 of Indian TELEGRAPHS ACT , 1998 directing interception of telephonic messages to and from Petitioner’s mobile phones numbers and disclosu
The interception of messages under Section 5(2) of the Indian Telegraph Act must demonstrate public safety or emergency; mere statutory recitation is insufficient.
The judgment emphasizes the importance of strict adherence to legal provisions and procedural guarantees against abuse of interference with privacy under the Indian Telegraph Act, 1885 and Rule 419-A....
Test of admissibility of evidence lies in its relevancy, unless there is an express or necessarily implied prohibition in the Constitution or other law evidence obtained as a result of illegal search....
The court affirmed that legal interception of telephonic conversations is permissible under Section 5(2) of the Indian Telegraph Act for serious offences, and justified the condonation of a 22-day de....
The court ruled that voice samples can be obtained legally if interception of telephonic conversations complies with established procedures under the Indian Telegraph Act, emphasizing the necessity o....
Prosecution sanction under the Prevention of Corruption Act must be granted with independent application of mind; failure to comply invalidates proceedings.
Point of Law : When the allegations against an accused do not constitute an offence, even if such allegations are presumed to be true, a Court can exercise its powers under Section 482 of the Code to....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
