Permitting illegally intercepted messages as evidence leads to scant regard to fundamental rights:HC

The Delhi High Court has held that permitting illegally intercepted messages or audio conversations as evidence would lead to manifest arbitrariness and promote scant regard to the fundamental rights of the citizens.

The high court said as per the provisions of the Telegraph Act, an order for interception can be issued on either the occurrence of any public emergency or in the interest of public safety as per the law laid down by the Supreme Court.

Justice Chandra Dhari Singh said after perusing the records, the court was satisfied that in peculiar facts of the instant case, the mandatory requirements laid down by law for placing reliance on such audio conversations, have not been fulfilled.

The court's observations came while setting aside a 10-year-old order of a trial court that had framed charges against one Jatinder Pal Singh under the provisions of the Prevention of Corruption Act and the IPC for the offence of criminal conspiracy.

“It is also relevant to add here that if the directions of the Supreme Court in… which are now re-enforced and approved by the Supreme Court in K.S. Puttaswamy (Supra) as also the mandatory rules in regard to the illegally intercepted messages/audio conversations pursuant to an order having no sanction of law, are permitted, it would lead to manifest arbitrariness and would promote the scant regard to the procedure and fundamental rights of the citizens, and law laid down by the Supreme Court,” the high court said.

According to the CBI, an FIR was lodged on the allegations that Dr Ketan Desai, the then President of the erstwhile Medical Council of India (MCI), entered into a criminal conspiracy with Jatinder Pal Singh, Dr Sukhvinder Singh, and others with the object to show favour qua recognition of the courses and grant of permission pertaining to Gian Sagar Medical College and Hospital, Patiala as mandated by the Indian Medical Council Act for admission into 4th year of the MBBS course for the academic session 2011-2012.

Singh was accused of being a middleman and paying a bribe of Rs two lakh to Desai for allowing the admission by bypassing the alleged deficiencies in the process.

The high court passed the order on Singh's plea challenging order on framing of charges. PTI SKV RKS RKS

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