WITHOUT CONSENT OF AN INDIVIDUAL TAPPING PHONE LINES, RECORDING CALLS IS BREACH OF PRIVACY : STATED ON BAIL ORDER OF SANJAY PANDEY IN DELHI HIGH COURT
The Delhi High Court in the case of [Sanjay Pandey v Directorate of Enforcement]
Wherein, Justice Jasmeet Singh held that phone calls cannot be recorded without the consent of an individual under Article 21 of the Indian Constitution, and guaranteed the demand of right to privacy.
In the case of [KS Puttaswamy v Union Of India] Supreme Court Honorable Justice Singh cited that right to privacy is inalienable and attached to every individual as a precondition for being able to exercise their freedom.
The High Court stated that without consent of an individual, tapping phone lines and recording calls is “Breach of Privacy” on bail order of Sanjay Pandey.
This case was light with money laundering case which was registered by Enforcement Directorate (ED). Wherein observation were made on the order of granting bail to former Mumbai Police chief Sanjay Pandey.
An First Information Report (FIR) lodged by the Central Bureau of Investigation (CBI) purported that phone calls of the employees of National Stock Exchange were recorded by iSec Services Private Ltd, a company founded by Sanjay Pandey.
Simultaneously purported that illegal tapping of MTNL phones was contrary to the Telegraph Act, Indian Penal Code (IPC), Prevention of Corruption Act and the Information Technology Act.
“I am prima facie of the view that tapping phone lines or recording calls without consent is a breach of privacy. The right to privacy enshrined under Article 21 of the Constitution demands that phone calls not be recorded. Only with consent of the individuals concerned, can such activity be carried out otherwise it will amount to breach of the fundamental right to privacy,” the Court said.
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