Honble SINGH, J – Telephone – Tapping is a serious invasion of an individuals privacy. With the growth of highly sophisticated communication technology, the right to hold telephone conversation, in the privacy of ones home or office without interference,is increasingly susceptible to abuse. It is no doubt correct that every Government, howsoever democratice, exercises some degre e of sub- rosa operation as a part of its intelligence out-fit but at the same time citizens right to privacy has to be protected from being abused by the authorities of the day.

(2) This petition- public interest - Article 32 of the Contitution of India has been filed by the Peoples Union of Civil Liberties, a voluntray organisation, high lighting the incidents to telephone tapping in the recent past. The petitioner has challenged the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885 (the Act), in the alternative it is contended that the said provisions be suitably read-down to include procedural safeguards to rule out arbitrariness and to prevent the indiscriminate telephone- tapping.

(3) The writ petition was filed in the wake of the report on ``Tapping of poli- ticians phones by th

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