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Wednesday, 1 August 2012

TAPPING PHONES BY POLICE AS PART OF INVESTIGATION..WHETHER PERMISSIBLE ? PROCEDURE AND SAFE GAURD FOR INTERCEPTION, MONITORING AND DECRYPTION OF INFORMATION RULES 2009

The recent issue in Kerala which resulted in the arrest of Mr. Jayarajan the Kannur District Secretary of CPI M, has evoked a controversy among the members of the legislature itself. Even the CM and the Home Minister repeatedly reiterated that phone calls of none of the MLAs were tapped. At the same time, the investigating agency says, they got special sanction as per the provisions of PROCEDURE AND SAFE GAURD FOR INTERCEPTION, MONITORING AND DECRYPTION OF INFORMATION RULES 2009, formulated under section  87(2)(y) of Information Technology Act.
However, it is in the air that, whether phone calls can be tapped as part of the investigation. The above referred rules give the provision for taking evidence from the calls, provided it must be with the permission from the competent authority, viz., from the Home Secretary.

PROCEDURE AND SAFE GAURD FOR INTERCEPTION, MONITORING AND DECRYPTION OF INFORMATION RULES 2009

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