Disclosing Elaborate Reasons For Passing ‘Interception Orders’ May Affect Intelligence
Case: Santosh Kumar V. Union Of India & Anr
Coram: Justice Chandra Dhari Singh
Case No.: W.P.(CRL) 1147/2020
Court Observation: “The disclosure of elaborate reasons for interception orders would be against the modified disclosure requirements of procedural fairness which have been universally deemed acceptable for the protection of other facets of public including the source of information leading to the detection of crime or other wrongdoing, sensitive intelligence information and other information supplied in confidence for the purpose of government or discharge of certain public functions,”
“Furthermore, the destruction of Minutes of the Review Committee was as per the procedure under Sub Rule (18) of Rule 491A and hard disk and other records were retained for functional purpose,”
“The law of the land weighs in the favour of the public interest over certain individual interest. In the instant matter as well, the conflict of interest seems to be between the interest of the public and the individual before this Court. However, the material on record as well as the precedents reflect the fact that the interception carried out by the respondent was in accordance with the provisions Section 5(2) of the Indian Telegraph Act, 1885 and Rule 419-A of the Indian Telegraph Rules, 2007,”
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Keywords
Disclosing Elaborate Reasons, Interception Orders
