‘Statutory Provisions Are For Some Purpose, Not For Fun’: Rajasthan High Court Quashes Phone Tapping Orders
1 year, 8 months ago

‘Statutory Provisions Are For Some Purpose, Not For Fun’: Rajasthan High Court Quashes Phone Tapping Orders

Live Law  

The Rajasthan High Court has quashed the three interception orders for phone tapping of a private individual, issued by authorities in the state in 2020-2021 on the ground of “public safety” in exercise of power under Section 5 of the Indian Telegraph Act 1885. In other words, required mandates could not have been ignored or superceded by the State or its machinery leading to offend the right under Article 19 and 21 of the Constitution of India.” It added: "If the directions of the Hon’ble Supreme Court in PUCL’ case which has been reinforced and approved by the Hon’ble Apex Court in Puttaswamy’s case as well as mandates of Acts and Rules are allowed to be flouted to affect illegal interception of messages it would lead to breeding contempt and arbitrariness." Puttaswamy Vs. Union of India, to state that, “the proposition that illegal tapping of phone conversation violates right to privacy is already accepted by a 9 Judges Constitution Bench decision in the case.” Considering the argument of the petitioner, the court said, “I find force in the submission of learned counsel for the petitioner that impugned orders were never sent to the Review Committee which ought to have been sent within statutory period and the Review Committee was also expected to take decision on the validity of the impugned orders within a specified period.” “The statutory provisions are for some purpose and not for fun. Referring to Sub-rule of Rule 419A of Telegraph Amendment Rules, 2007 which requires that the authority passing any order under Section 5 of the Telegraph Act shall consider possibility of acquiring the information by other means and the direction under sub-rule shall be issued only when it is not possible to acquire the information by any other reasonable means, the court said, “In the case on hand, merely a bald statement has been recorded that acquisition of information is not possible by any other means.” Case Title: Shashikant Joshi v. State Of Rajasthan & Ors

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History of this topic

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
3 weeks, 6 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court
1 month, 1 week ago

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside criminal proceedings against customs officers who alleged to have committed assault and grievous hurt to the complainant while interrogating him, for the absence of sanction required under Section 197, CrPC. Similarly, in another Apex Court case of State of Orissa v Ganesh Chandra Jew, it was held that, “If in doing his official …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
4 months ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court
9 months, 1 week ago

Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court

Live Law  

The Rajasthan High Court has clarified that while deciding a matter, the appellate authority under the Rajasthan Electricity Act 1962 has the power to pass orders that are incidental to the matter including any interim orders. It is well settled principle that statutory authority/Appellate Authority having power to decide a matter has implicit jurisdiction and authority to pass such orders …

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 5 months ago

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Live Law  

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons. Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally non-speaking orders’ and the …

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave
1 year, 8 months ago

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave

Live Law  

The Rajasthan High Court at Jaipur on Wednesday set aside the dismissal order of a BSF Constable who was terminated from the service in 2004 on account of over stay of casual leave. While directing the Union Government to reinstate the said constable, the single judge bench comprising Justice Anoop Kumar Dhand observed: “The impugned order dated 08.03.2004 has been …

[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]
4 years, 6 months ago

[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]

Live Law  

The Gujarat High Court on Thursday directed the State Information Commissioner to initiate proceedings under Section 20 of the Right to Information Act. Kogje observed, "The Court is of the view that this is a fit case where the proceedings under Section 20 of the Right to Information Act needs to be initiated in view of non-compliance of the order …

Rajasthan political crisis | BJP demands CBI probe into alleged phone tapping
4 years, 8 months ago

Rajasthan political crisis | BJP demands CBI probe into alleged phone tapping

The Hindu  

The BJP on Saturday demanded a CBI probe into all aspects of the alleged phone tapping in Rajasthan a day after the State government lodged a case against Union Minister Gajendra Singh Shekhawat on charges of trying to destabilise the Ashok Gehlot government by attempting to buy MLAs. At a press conference, party spokesperson Sambit Patra said the events unfolding …

'Disproportionate Restriction On Innocent Civilians':Plea In Gujarat HC Against Perpetual Imposition of S. 144 CrPC In Ahmedabad
5 years, 3 months ago

'Disproportionate Restriction On Innocent Civilians':Plea In Gujarat HC Against Perpetual Imposition of S. 144 CrPC In Ahmedabad

Live Law  

A petition has been filed in the Gujarat High Court against repeated issuance of curfew orders under Section 144 of CrPC and Section 37 of Gujarat Police Act, in the city of Ahmedabad, that too without identifying any imminent threat to public order and tranquility. Section 144 empowers a District Magistrate, a sub- divisional Magistrate or any other Executive Magistrate …

The Significance Of Bombay HC Ruling On Phone Tapping
5 years, 5 months ago

The Significance Of Bombay HC Ruling On Phone Tapping

Live Law  

In a judgment handed down on October 22, a two-judge bench of the Bombay High Court found that the Central Bureau of Investigation's surveillance of a businessman accused of paying bribes was illegal. The judgment is important for three reasons: it is an model of principled constitutional adjudication, following both the letter of the law and applicable precedent; it extends …

Phone Tapping Permitted Only In Case Of Public Emergency Or In Interest Of Public Safety:Bombay HC[Read Judgment]
5 years, 5 months ago

Phone Tapping Permitted Only In Case Of Public Emergency Or In Interest Of Public Safety:Bombay HC[Read Judgment]

Live Law  

The Bombay High Court on Tuesday granted relief to a 54-year-old Mumbai based businessman and quashed three separate orders passed by the Union Ministry of Home Affairs allowing Central Bureau of Investigation to intercept phone calls of the petitioner businessman in a case of bribery involving an official of a public sector bank. As per Section 5 of the Indian …

Phone Tapping In India: A Need To Revisit Law?
6 years, 7 months ago

Phone Tapping In India: A Need To Revisit Law?

Live Law  

The Indian Telegraph Act 1885 is the primary legislation concerned with controlling and regulating communication channels in India. However, the Supreme Court of the United States has recently over-ruled this position under the Stored Communications Act and laid down new procedures for Central Government to requisition communication records of an individual. 1997 marked a watershed in the history of India’s …

Phone Tapping In India: A Need To Revisit Law?
6 years, 7 months ago

Phone Tapping In India: A Need To Revisit Law?

Live Law  

The Indian Telegraph Act 1885 is the primary legislation concerned with controlling and regulating communication channels in India. However, the Supreme Court of the United States has recently over-ruled this position under the Stored Communications Act and laid down new procedures for Central Government to requisition communication records of an individual. 1997 marked a watershed in the history of India’s …

Not Mandatory To Call Two ‘Respectable’ Persons For A Raid Under Immoral Traffic (Prevention) Act: Rajasthan HC [Read Order]
6 years, 10 months ago

Not Mandatory To Call Two ‘Respectable’ Persons For A Raid Under Immoral Traffic (Prevention) Act: Rajasthan HC [Read Order]

Live Law  

It is to be determined by the courts whether it was efficacious for the officers to call two persons from the locality or due to urgency or emergency, the said provision could not be complied with, the court said.Mere violation of Section 15 of the Immoral Traffic Act will not vitiate the search proceedings, the Rajasthan High Court has held.Section …

Not Mandatory To Call Two ‘Respectable’ Persons For A Raid Under Immoral Traffic (Prevention) Act: Rajasthan HC [Read Order]
6 years, 10 months ago

Not Mandatory To Call Two ‘Respectable’ Persons For A Raid Under Immoral Traffic (Prevention) Act: Rajasthan HC [Read Order]

Live Law  

It is to be determined by the courts whether it was efficacious for the officers to call two persons from the locality or due to urgency or emergency, the said provision could not be complied with, the court said.Mere violation of Section 15 of the Immoral Traffic Act will not vitiate the search proceedings, the Rajasthan High Court has held.Section …

Petition Filed Before Rajasthan HC Challenging Ordinance Shielding Public Servants From Probe [Read Petition]
7 years, 5 months ago

Petition Filed Before Rajasthan HC Challenging Ordinance Shielding Public Servants From Probe [Read Petition]

Live Law  

A Writ Petition has been filed before Rajasthan High Court, challenging the Criminal Laws Ordinance, 2017, which makes it mandatory to obtain a Government sanction before investigating both serving and former Judges, Magistrates, and public servants for on-duty actions.Promulgated on 7 September, the Ordinance provides a time limit of 180 days for the authorities to. A Writ Petition has been …

HC orders sealing of Rajasthan Cricket Association office | IndiaTV News
10 years ago

HC orders sealing of Rajasthan Cricket Association office | IndiaTV News

India TV News  

Jaipur: The Rajasthan High Court on Thursday ordered sealing of the office of Rajasthan Cricket Association till March 30 on a plea by Lalit Kumar Modi against a no-confidence vote which led to his ouster as its chief. The interim order by the single bench of Justice Bela M Trivedi came on the petition filed by Modi against the vote …

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