Phone Tapping Cannot be Allowed for Ordinary Criminal Investigations, Violates Article 21 : Madras High Court

The Madras High Court quashed a 2011 Union government order authorising the CBI to tap Kishore's phone in a bribery investigation, ruling it violated his right to privacy under Article 21.

The Court held that phone-tapping is only permitted under Section 5(2) of the Telegraph Act in cases of public emergency or public safety, not for routine criminal probes.

The court stressed that interception must show clear legal necessity and application of mind.

The judge emphasised that constitutional protections cannot be bypassed, and surveillance must strictly comply with the law. (P Kishore v. The Secretary to Government)