The Hindu : Tamil Nadu / Chennai News : “Forbear State from permitting private agency to tap telephones”

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Saturday, Nov 15, 2008
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Tamil Nadu

Tamil Nadu - Chennai

“Forbear State from permitting private agency to tap telephones”

Special Correspondent

Advocate files plea seeking writ of mandamus

CHENNAI: The Madras High Court on Friday ordered notice to a private company on a writ petition filed by a city advocate seeking a writ of mandamus forbearing the Tamil Nadu government and the police authorities from permitting any private agency to tap citizens’ telephones on their behalf.

The petition also sought a direction to the State government to constitute a committee comprising eminent social scientists and technocrats to be a watchdog in the matter of telephone tapping and to ensure that the norms prescribed by the Supreme Court in a case were scrupulously followed.

In the petition filed by counsel M. Radhakrishnan, the petitioner, P. Pugalenthi, joint secretary of the Tamil Nadu People’s Rights Forum here, submitted that a few days ago he came across a website www.d3d.in. It had a profile relating to “D3D Technologies Private Limited,” which was shocking. It had been stated that the company’s crime detection products and services catered primarily to lawful interception and surveillance requirements of government law enforcement agencies aiding in the detection, prevention and tracking of crime, suspects and criminals. It also said several communication processes involved in crime, could be tracked with the company’s equipment as it covered all possible channels of communication. Further, several reputed government law enforcement agencies were its clients. All of them had universally accredited its technological innovations, quality, timely delivery and post-sale product support.

Under the column “clients”, the company had given several governmental organisations, Central and State, including the police.

From the profile it was clear that the Tamil Nadu government utilised the services of the company, which would grossly undermine and tend to destroy the rights of several citizens to privacy. This violation which appeared to be going on for quite some time would be contrary to the constitutional rights of citizens.

When the matter came up before a Division Bench comprising the Chief Justice A.K. Ganguly and Justice F.M. Ibrahim Kalifulla, the Government Pleader took notice on behalf of the official respondents – Home Secretary, Director-General of Police, Inspector-General of Police, Intelligence and the Inspector-General of Police, ‘Q’ Branch CID – for filing the counter in four weeks. The Bench ordered notice to the Chief Technical Officer of the company.

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