Delhi HC Stays CIC Order Requiring Trai To Furnish Alleged Phone Tapping Information To Advocate Under RTI Act

Factual Background

• The case was of TRAI v. Kabir Shankar Bose.
• A Letter Patents Appeal was filed by the Telecom Authority of India against the order of a single judge bench of the Delhi Court refusing to interfere with the decision of the Central Information Commission.
• The CIC had held that it had the power to ask for any information, conduct investigations, etc. under Section 12 of the TRAI Act and the obligation to furnish the information to the applicant lies on the authority.
• Contentions by the Parties
• The respondent who is an advocate had suspicions of his phone being tapped and had approached the CIC.
• He contended that the issue is a question of right to privacy and thus the counsel requested for dismissing the appeal.
• TRAI contended that tapping and surveillance powers lie under Section 5 (2) of the Telegraph Act and not under the TRAI Act, thus, TRAI has no role to play in it.
• It is contrary to the provisions of law and also to the powers given to the law enforcement authorities to intercept phones.

Court’s Orders

• The Court stayed the order passed by the CIC and stated that the case prima facie lies in favour of the appellant including the balance of favour.
• If the order of the CIC is not stayed then irreparable damage will be caused.
• The matter has been posted for hearing on 13th December.

Do you think that providing the information on tapping is within the law? Tell us in the comments section below!