nobody, whether a member of the family or otherwise, has any authority to tap the telephones of any other person, particularly without his knowledge.
The learned Amicus Curiae has also submitted that nobody, whether a member of the family or otherwise, has any authority to tap the telephones of any other person, particularly without his knowledge. He submits that it is not only violative of Article 21 of the Constitution of India, but is also violative of the Telegraph Act. In this connection, he has submitted a judgment of the Supreme Court in R.M. Malkani v. State of Maharashtra . In para 30, the
Court held:
30. ...Article 21 was invoked by submitting that the privacy of the appellant's conversation was invaded. Article 21 contemplates procedure established by law with regard to deprivation of life or personal liberty. The telephonic conversation of an innocent citizen will be protected by Courts against wrongful or high handed interferenc
.
