Can investigating agencies such as CBI have the right to track phone calls of people before the filing of FIR and the start of the investigation? If not then what is the remedy that can be availed? Can you please provide some cases related to it?
Any investigation commences after receiving information or complaint and basing on solid evidence FIR can be registered, where the accused is in a powerful position to manage police or other agencies. There is a well laid down procedure for tracking the calls and a higher authority that is specifically empowered to request service providers or direct cyber cell can only take a decision basing on facts provided to him in writing explaining the allegations and need for such tracking to avoid further crimes. Depending on solid evidence the FIR will be registered.
These allegations are new in India, right from emergency time till date, there are accusations against political parties in rule that the opposition leaders calls are being recorded and I am not even aware of single case where court pronounced such verdict against CBI/Police. There can not be smoke without fire.