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2022 Supreme(Del) 674

CHANDRA DHARI SINGH
Santosh Kumar – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :Mr. Vikas Pahwa, Mr. Syed Arham Masud, Mr. Vikhyat Oberoi, Mr. Rohan Wadhwa, Mr. Sudeep, Mr. Shadman Siddiqui, Mr. Sumair Boparai, Mr. Raavi Sharma and Ms. Nimisha Jain, Advocates
For the Respondent:Mr. Amit Mahajan, CGSC with Mr. Kritagya Kumar Kait, Mr. Anupam S. Sharma, Mr. Prakarsh Airan, Ms.Harpreet Kalsi and Mr. Anurag Andley, Advocates

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant Criminal Writ Petition has been preferred by the petitioner under Article 226 read with Article 227 of the Constitution of India, seeking a writ of Mandamus or any other appropriate writ or order or direction in the nature for quashing of the order no. 14/3/97-CBI dated 30th January, 2018, issued by Ministry of Home Affairs (hereinafter “MHA”) which permitted interception of telephonic calls of the petitioner, in the exercise of the powers conferred under Section 5(2) of the Indian Telegraph Act, 1885 and Rule 419 (A) of the Indian Telegraph Rules 2007. The Petitioner further seeks that the interception messages/calls obtained/recorded thereunder shall be destroyed and not to be used for any purposes.

FACTUAL MATRIX

2. Brief facts of the case are as laid down under:

    a. Permission for interception of telephonic calls of the petitioner was granted by the MHA under Section 5(2) of the Indian Telegraph Act, 1885 and as per the procedure laid down under Rule 419A of the Telegraph Rules by order dated 30th January, 2018. In pursuant to the Order, FIR No. RC 01 (A)/2018/AC-111/CBI/New Delhi was registered under Sections 7/8/12/13(2) read with 1

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