JUDGMENT :

1. The petitioner has sought for quashment of order dated 28.10.2020, dated 28.12.2020 and 17.3.2021 passed by the Secretary (Home), Government of Rajasthan permitting interception of Mobile Phones of the petitioner and others in purported exercise of power under Section 5(2) of the Indian Telegraph Act 1885.

By order dated 28.10.2020 Mobile No. 9829172463 of co-accused Sunil Sharma was ordered to be intercepted by the Anti Corruption Bureau on suspicion that the said mobile was possibly being used for illegal activity relating to incitement to the commission of an offence affecting public safety. The interception was permitted for a period of 60 days and the said order was extended for another 60 days by order dated 28.12.2020.

On the same reasons by two separate orders dated 17.3.2021, Mobile phones of the petitioner bearing No. 9587921137 and 9950830107 were ordered to be intercepted.

2. The challenge is on the ground that right to privacy has been infringed by putting the mobile phones of the petitioner and others on surveillance/spying by the State machinery. The orders are violative of Article 19 and 21 of the Constitution of India unless the same is consistent with th