Telangana government did not seek MHA's instructions on alleged phone tapping of HC judge: Centre
HYDERABAD: Under Secretary to the Government of India Nutan Kumari said in a counter affidavit in the Telangana High Court that there was no communication or request for instructions from the Telangana government to the Union Ministry of Home Affairs over the alleged tapping of the phone of a high court judge during the erstwhile BRS regime. Meanwhile, the affidavit submitted by the state authorities in the case revealed no involvement or reference to the MHA.
The counter affidavit emphasised that the secretary to the state government in charge of the Home department has the authority to issue interception orders for any subscriber registered in their state, without requiring approval from the MHA. Additionally, it was pointed out that records related to lawful interception are classified as highly confidential and are destroyed every six months by the competent authorities, as stipulated in Sub-rule 419A(18) of the Indian Telegraph Rules, 1951, unless they are needed for ongoing or future investigations.
The counter affidavit, filed by the Centre in response to a suo motu petition taken up by the HC on a newspaper report on tapping of a judge’s phone, defended the mechanisms of lawful interception under the Indian Telegraph Act, 1885.
The affidavit clarifies that lawful interception is conducted in compliance with Section 5(2) of the Indian Telegraph Act, 1885, and Rule 419A of the Indian Telegraph Rules, 1951.
Nutan Kumari highlighted that Rule 419A, which outlines the procedure for lawful interception, was issued on February 16, 1999, following a Supreme Court judgment in the case of PUCL vs. Union of India & others, dated December 18, 1996.
The counter affidavit also said that both the Union and state governments are authorised to issue directions for lawful interception under the Act.
The counter affidavit also referenced the newly enacted Telecommunication Act, 2023, which addresses lawful interception under Section 20(2)(a). However, the rules under this section are still in the drafting stage. Until these rules are finalised, the provisions of the Indian Telegraph Rules, 1951, continue to be applicable, as per Section 61 of the Telecommunication Act, 2023, which came into effect on June 21, 2024.
The affidavit also mentioned that under Section 42(2) of the Telecommunication Act, 2023, any unauthorised access or interception of a telecommunication network or data could result in severe penalties, including imprisonment for up to three years, fines up to `two crore, or both.