Telecom Service Providers (TSPs) who are caught in a legal wrangle over the phone tapping issue, are looking for an appropriate forum to challenge the Anti-corruption Bureau (ACB) court’s order to submit call data, on the ground that it was in the possession of law enforcement agencies concerned but not under their control.
A counsel representing the TSPs said they were guided by the instructions of Department of Telecommunications (DoT) and could not give information, because it is with the Ministry of Home Affairs (MoHA).
“TSPs are in trouble as the Telangana government threatened them to hold back the data while A.P is in hot pursuit of the impugned data. We can act only at the behest of DoT which is in turn accountable to MoHA in such matters,” the advocate told The Hindu on condition of anonymity.
The TSPs are supposed to furnish the Call Data Records (CDR) by July 17 but they sought more time while exploring the options available to them. Their basic contention is that they are answerable to the MoHA through DoT and no agency in between.
Advocate General of Andhra Pradesh, P. Venugopal represented the prosecution and TSPs presented their arguments through separate counsels.
At the end of the day, relevant sections of Indian Penal Code / Criminal Procedure Code are sought to be invoked against the Telecom Service Providers for failing to discharge their obligation in the court on Friday.
Their basic contention is that they are answerable to the MoHA through DoT and no agency in between
