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  • Division Bench ACT Surviellance Act: People's Union For Civil Liberties (PUCL) V Union of India and Anr

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    The People's Union for Civil Liberties filed a public interest petition challenging the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885, which allows for telephone tapping without procedural safeguards. The petition was filed in response to a Central Bureau of Investigation report revealing incidents of telephone tapping of politicians. The Supreme Court was asked to either declare the section unconstitutional or read it down to include procedural safeguards preventing arbitrary tapping and indiscriminate interception of telephone communications.

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    The People's Union for Civil Liberties filed a public interest petition challenging the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885, which allows for telephone tapping without procedural safeguards. The petition was filed in response to a Central Bureau of Investigation report revealing incidents of telephone tapping of politicians. The Supreme Court was asked to either declare the section unconstitutional or read it down to include procedural safeguards preventing arbitrary tapping and indiscriminate interception of telephone communications.

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    Division Bench ACT Surviellance Act: People's Union For Civil Liberties (PUCL) V Union of India and Anr

    Uploaded by

    prachi
    The People's Union for Civil Liberties filed a public interest petition challenging the constitutional validity of Section 5(2) of the Indian Telegraph Act, 1885, which allows for telephone tapping without procedural safeguards. The petition was filed in response to a Central Bureau of Investigation report revealing incidents of telephone tapping of politicians. The Supreme Court was asked to either declare the section unconstitutional or read it down to include procedural safeguards preventing arbitrary tapping and indiscriminate interception of telephone communications.

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    Peoples Union for Civil Liberties (PUCL) v Union of India and Anr

    (1997) 1 SCC 301


    Division Bench
    ACT
    Surviellance act
    FACTS
    This petition-public interest-under Article 32 of the Constitution of India has been filed by the
    people's Union of Civil Liberties, a voluntary organisation, high lighting the incidents of
    telephone tapping in the recent past. The petitioner has challenged the constitutional validity of
    Section 5(2) of the Indian Telegraph Act, 1885 (the Act), in the alternative it is contended that
    the said provisions be suitably read-down to include procedural safeguards to rule out
    arbitrariness and to prevent the indiscriminate telephone-tapping.
    3. The writ petition was filed in the wake of the report on "Tapping of politicians phones" by the
    Central Bureau of Investigation (CBI). Copy of the report as published in the "Mainstream"
    volume XXIX dated March 26, 1991 has been placed on record along with the rejoinder filed by
    the petitioner. The authenticity of the report has not been questioned by the learned Counsel for
    the Union of India before us

    HELD

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