Dateline New Delhi, Wednesday, Feb 8, 2006


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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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