In a notable legal development, the Delhi High Court has reversed a previous decision that mandated the Telecom Regulatory Authority of India (TRAI) to disclose information regarding the alleged phone tapping of a mobile user, who is also a lawyer. This ruling effectively nullifies the directives of both a single-judge bench of the High Court and the Central Information Commission (CIC).
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The case originated when lawyer Kabir Shankar Bose filed an RTI application seeking to know whether his phone was being tapped. After his telecom service provider, Vodafone, declined his request, stating that they were not covered under the RTI Act, Bose approached the TRAI. The TRAI responded by saying they did not possess the information Bose sought.
Subsequently, the CIC, in its order dated September 12, 2018, instructed the TRAI to procure the information from the telecom company and provide it to Bose. This decision was upheld by a single-judge bench of the Delhi High Court, which affirmed that the TRAI had the authority to call for any information or conduct investigations as it deemed necessary.
However, the TRAI contested this decision, leading to the recent judgment by a division bench of the Delhi High Court. The bench, comprising Justice Vibhu Bakhru and Justice Amit Mahajan, observed,
“Any orders passed by the government concerned in relation to interception or tapping or tracking of a phone is passed when the authorized officer is satisfied that it is necessary or expedient to do so in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offence.”
They emphasized that such acts of surveillance, being carried out under government directives for national security and sovereignty, are exempted under the RTI Act.
The court further stated,
“In a given case, the disclosure of any such information, therefore, may impede the process of investigation and may be construed to prejudicially affect the sovereignty and integrity of India, the security, the strategic, scientific and economic interest of the State, relations with foreign states or lead to incitement of an offence, and would therefore be exempted from disclosure under the terms of section 8 of the RTI Act.”
Additionally, the court clarified that phone tapping does not fall within the purview of telecom service providers and the information sought does not relate to the TRAI’s functions under the law. The court noted,
“Any contrary view would give the authority (TRAI) unbridled power to call for information and interfere with the functions of telecom service providers, and also would not be in consonance with the objects sought to be achieved by the TRAI Act.”
Following this judgment, Bose expressed his intention to escalate the matter to the Supreme Court. He stated,
“Let the Supreme Court hear the matter, as I shall move the Apex Court challenging the double bench order very soon.”
This ruling is significant as it delineates the boundaries of the RTI Act in matters involving state security and surveillance. It underscores the challenges in balancing individual privacy rights against national security concerns and highlights the limitations in accessing information about government surveillance activities under the RTI Act. The case is set to gain further attention as it moves to the Supreme Court, potentially setting a precedent for how such matters are handled in the future.
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