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.

For read more click here.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.