Legislation prohibits unauthorized phone tapping, highlighting the imperative for law enforcement to investigate unlawful acts by officials that infringe on citizens' rights.

JUDGMENT

The 13^th respondent was a ‘Member of the Legislative Assembly’ (MLA) representing Nilambur State Legislative Constituency in the Kerala State Legislative Assembly. According to the petitioner, the 13^th respondent conducted a press meet on 01.09.2024 and he has disclosed to the media and the public that for the last eight months, he has been tapping telephone conversations of various persons, by spending significant amount of money for the same, to gather information about the gold smuggling, and other criminal offences done with the aid of high police ofÏcials. It is also the case of the petitioner that the 13^th respondent also claimed in the press conference that he had tapped telephone conversations of highly placed persons, including police ofÏcials and several others, illegally, with an intention to save the people of Kerala and to act against the anti-social activities being done by them challenging the sovereignty of India. In the press conference, the 13^th respondent admitted the illegal phone tapping of various persons, including police ofÏcials, politicians and others, done by him, is the further submission. In the press conference, the 13^th respondent had disclosed the details about the phone tapping done by him, knowing that he is doing an illegal act infringing the constitutional rights guaranteed to the citizens under Article 19(1)(a) and 21 of the Constitution of India is the further submission of the petitioner. It is stated in the writ petition that the 13^th respondent had lodged a complaint before the State Police Chief on 14.07.2023, alleging that one Shajan Scaria tapped the wireless message of the State Police Force and published such secretly received information on 18.04.2021, through his YouTube channel. The 13^th respondent also alleged in his complaint that the petitioner had advanced an amount of Rs. 50 lakhs to Shajan Scaria for procuring machines used for tapping phones. Ext.P1 is the complaint filed by the 13th respondent before the State Police Chief, is the submission. Pursuant to Ext.P1, Crime No.37/2023 was registered by the Cyber Crime Police Station, Thiruvananthapuram City against Shajan Scaria alleging offences punishable under Sections 21 and 26 of the Indian Telegraph Act , 1885, Section 66 (B) of the Information Technology Act , 2000, Sections 3 and 5 of the OfÏcial Secrets Act , 1923. Ext.P2 is the FIR.

2. It is submitted that the 13^th respondent is inimical towards the petitioner, and he possesses all the paraphernalia required to tap telephones. According to the petitioner, the 13^th respondent proudly and daringly announced to the public through print and visual media that he has flouted the fundamental rights of citizens, and though he is aware that tapping of telephone is illegal, he has done it, spending a huge amount. It is the case of the petitioner that even after such open announcement of a crime committed by an MLA, the Central and the State Government and their machineries are not taking any action. It is also submitted that, in the press conference, the 13^th respondent openly declared that he has illegally tapped telephone conversations of various persons and also expressed that high ofÏcials in the State Home Department are indulged in murder case as well as in gold smuggling. Therefore, the petitioner submitted that an enquiry by the concerned agencies under the Central Government is also necessary. In paragraph 6 of the writ petition, the petitioner quoted the confession of the MLA in the press conference, in which it is stated that he tapped phone calls to protect his party and to protect the interest of the State. The petitioner produced the audio and video visuals of the press conference conducted by the 13^th respondent on 01.09.2024 as Ext.P