Phone-tapping: curbs on UP STF
New
Delhi: The Delhi High Court on Wednesday passed an interim
order restraining the Uttar Pradesh Police Special Task
Force (STF) from interrogating Delhi government officials
in connection with the phone-tapping case of Samajwadi leader
Amar Singh. Acting on a petition filed by the Delhi Police
against Uttar Pradesh Police for conducting a parallel investigation
into the case despite the court's stay, Justice R C Jain
passed the interim order stopping the STF from questioning
top officials of Delhi government, including its Principal
Secretary (Home) R Narayanaswamy and Joint Commissioner
of Police (Crime) Ranjit Narayan.
The
High Court also directed the UP police to file their affidavit
on the contempt petition within three days and adjourned
the case for February 16. Coming down heavily on the UP
police, Additional Solicitor General Gopal Subramaniam,
who is appearing for Delhi government, said that overlooking
the High Court order was a serious assault on the federal
system of the country involving two different states. On
Monday, the Delhi High Court had today issued notice to
the Special Task Force (STF) of Uttar Pradesh for carrying
out parallel probe in the phone-tapping row. Amar Singh
has accused the Centre of tapping his phones along with
70 other politicians. He also approached the Supreme Court
with an application seeking a judicial inquiry into the
alleged tapping of his telephone by the Delhi Police. He
had cited eight respondents in the application- Union Ministries
of Telecommunication and Home Affairs, Chief Secretary and
Home Secretary, the Delhi Government, the Delhi Police Commissioner,
Additional Police Commissioner (Crime), the Congress party
through its president and private mobile service provider,
Reliance Infocomm. Singh had also sought a direction to
the Central and State Governments to strictly enforce the
guidelines laid down by the court as well as Rule 419 (A)
of the Indian Telegraph Act and Rules.
Under
Rule 419 (A) of the Indian Telegraph Rules 1951, in case
of emergency, permission to intercept phones has to be taken
from the Joint Secretary who is authorised to do so, subject
to confirmation by the Secretary. Singh alleged that apart
from his telephone, the personal telephones of Uttar Pradesh
Chief Minister, Mulayam Singh Yadav and his son, Akhilesh
Yadav, a MP, were also being tapped. The Delhi Police had
sent a CD containing the tapped conversations of Amar Singh
to the forensic laboratory in Hyderabad for "determining
the authenticity" of the tapes. A senior Special Cell official
had indicated that the CD would form part of the charge
sheet in the case after the voice authenticity report arrived
from Hyderabad. Authorities in the laboratory also clarified
that the audio-tape that contained the conversation between
Singh and another person was of a "routine nature" and that
it found nothing controversial in their talks.
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