VINIT KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has impugned before us the orders dated 29th October, 2009, 18th December, 2009 and 24th February, 2010, which directed interception of telephone calls by respondent No.2 on the ground of being ultra vires of Section 5(2) of the Indian Telegraph Act, 1885 (for short "the Act"), noncompliance of Rules made thereunder, and for being in violation of the fundamental rights guaranteed under Part-III of the Constitution of India. The petitioner's case is that they ought to be quashed and intercepted messages obtained thereunder shall be destroyed as directed by the Hon'ble Supreme Court in Peoples Union for Civil Liberties (for short "the PUCL") v. Union of India, 1997 1 SCC 301 and as provided in Rule 419A(17) introduced by G.S.R.193 of 1st March, 2007 (w.e.f. 12th March, 2007) The petitioner is also relying on a Nine Judge Constitution Bench judgment in K.S. Puttaswamy v. Union of India, 2017 10 SCC 1 for seeking enforcement of his fundamental rights under Articles 14 and 21 of the Constitution of India.

(2.) As per petitioner, the alleged illegally intercepted telephonic recordings contained in the charge-sheet and all material collected on the basis of such alleged illegally intercepted telephonic recordings ought to be set at naught. The petitioner submits that it is settled law that if the foundation is removed, the structure falls and that the legal maxim "sublato fundamento cadit opus" squarely applies in the instant case.

(3.) Section 5 of the 1885 Act deals with the power of the Government to take possession of licensed telegraphs and to order interception of messages. Sub-section (2) of Section 5, for our purpose is relevant, which reads as follows: