
This article was last updated on April 16, 2022
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The bench was inquiring about the case of Amar Singh, a former leader of Samajwadi Party of Uttar Pradesh. As it was assumed by Amar Singh that his telephones were tapped. So, the Bench realized that it might happen to any person in future.
The accusation were that tapping of the phones of Amar Singh were counterfeit by someone and the service provider , in this state of affairs, Reliance, was not under commitment for checking the authenticity of the orders of tapping.
The bench throws the lime light on the tendency to tap phones, the susceptibility of the people to counterfeit the prospect of the common man becoming an object for such deeds. The question raised by Justice Singhvi to Solicitor General Gopal Subramanium, “What will he do if similar counterfeit document is given to some service provider to falsify the phone of the Army Chief and the conversation is abstracted to some foreign country which deals with security of the country.”
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Present way of tapping in India is illegal and unlawful. Presently tapping is done under Telegraph Act. But modern communication is no more analogue but digital and in fact interaction between computer hence should be covered under IT Act. Section 69 IT Act covers the interception, but till comment_date government has not made any rule under it hence it free for all agencies to tap merrily.