Leakage of call details of mobile phone used by Vadakara Dy.Sp

The Vadakara police have registered a case against a section of BSNL employees and Deshabhamani daily in connection with the leakage of the call details of a mobile phone used by Vadakara Deputy Superintendent of Police (Dy.SP) Jossy Cherian, a member of the special team probing the murder of Revolutionary Marxist Party (RMP) leader T.P. Chandrasekharan at Onchiyam in the district on May 4.

This was on the basis of a complaint submitted by Mr. Cherian to the Kozhikode Rural Superintendent of Police (SP) T.K. Rajmohan on Saturday, stating that the confidential data relating to mobile phone records of the Closed User Group (CUG) of the Police Department had been tampered with. His mobile phone details had been passed on to Deshabhamani the organ of the Communist Party of India (Marxist), for publication in a bid to defame him, the officer said in his complaint.

Previously, the State Intelligence wing had carried out a probe and found that some of the BSNL employees had illegally collected data of the mobile phone calls and transferred them. However, the BSNL Nodal Officer in Ernakulam, in a reply to a notice from the SP, had said that “you know that only an officer in the rank of the SP would be given the call details.”

Police sources said the Kozhikode Rural Deputy Superintendent of Police (Crime Detachment) P.P. Sadanandan had been asked to carry a comprehensive investigation into the case. He would be assisted by a team of the High-tech Crime Enquiry Cell of the State police in Thiruvananthapuram.

The case relates to Deshabhamani daily publishing a news story on its front page with Thiruvananthapuram as dateline on Tuesday that the Dy.SP misused his phone by talking to media persons for over 3,000 times since the murder of Chandrashekaran. The report also carried the number of phone calls made per day and also the mobile phone numbers of some media persons.

The police said the case was registered under Section 70 (3) [Any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine]; Section 66A (a) [any person who sends by means of a computer resource or a communication device any information grossly offensive or has menacing character]; Section 66A (b) [any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will , persistently by making use of such computer resource or a communicative device]; and Section 43 (A) [where a corporate body, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls of operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to a person, such body corporate shall be liable to pay damages by way of compensation to the person so affected] of the Information Technology Act and Section 500 (defamation) of the Indian Penal Code.

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