By Trishala Sanyal, A.K.K. New Law Academy, Pune.
Nira Radia, a famous political lobbyist was entrapped in the net of phone tapping by the Indian income tax department between the years 2008 to 2009. Her tapes included conversations with elite businessmen, journalists, politicians and many more famous figures of the society. In 2010 some parts of the recorded tapes were leaked which resulted in the unauthorized publication of these tapes. Ratan Tata, Chairman of the Tata Group was among one of those elites whose conversation was also included. Thus, after the tape was leaked he filed a writ petition in the Supreme Court standing for his right and claiming for an infringement against the violation of the right of privacy. It is the Fundamental Right which has been guaranteed to the every citizen of India. Section 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Now the dubious situation arising here is there is no particular procedure which has been established for the tapping of phone. Although, there is no particular Act governing the crimes and offences related to phone tapping yet the regulations have been laid down in a very discreet manner in various national and international Acts. (more…)