Counsel for the petitioner relied on the Gazette notification by the Indian Government, New Delhi dated 16/02/1999 whereby, rule 419(A) (i) was inserted after rule 419 in the Indian Telegraph rules 1951. Whereby, directions, where interception of any message or class of message required, order to be issued from the Secretary to the Government of India and otherwise, interception was not permitted in the Indian Telegraph rules, whereas section 72 of the Information Technology Act of 2000, forbids access to any electronic record, book, register, correspondence etc., without the permission of the person concerned and the offence is punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. Similarly, Counsel submitted that such an approach in the electronic medium was moved only in the interest of public safety and the Central Government or State Government, may, if it is satisfied that it is necessary or expedient to do so has to record the reasons in writing and only then pass the order granting such permission.
6. On considering the above submissions and the impugned order, I find that the sole question that arises in consideration is whether the tapes produced by the husband are admissible evidence? Admittedly, the conversation was recorded without the knowledge of the wife, behind her back, and is definitely an infringement of her right to privacy. Besides, it is violative of article 11 & 21 of the Constitution of India and has rightly pointed out by the Counsel for the petitioner / wife, that interception in the recording conversation is permitted only under the circumstances. Besides, there is also penalty under section 72 of the Information Technology Act and it could not be used as instrument to create evidence of such nature. The cases cited by the Counsel for the respondent are not applicable in the present context and are of no use to the respondent.
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
6. On considering the above submissions and the impugned order, I find that the sole question that arises in consideration is whether the tapes produced by the husband are admissible evidence? Admittedly, the conversation was recorded without the knowledge of the wife, behind her back, and is definitely an infringement of her right to privacy. Besides, it is violative of article 11 & 21 of the Constitution of India and has rightly pointed out by the Counsel for the petitioner / wife, that interception in the recording conversation is permitted only under the circumstances. Besides, there is also penalty under section 72 of the Information Technology Act and it could not be used as instrument to create evidence of such nature. The cases cited by the Counsel for the respondent are not applicable in the present context and are of no use to the respondent.
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
Writ Petition No. 7479 & 7484/2014
Decided On: 21.05.2015
Anurima Vs. Sunil Mehta
Hon'ble Judges/Coram:
S.R. Waghmare, J.
Citation: AIR 2016 MP 112
