SC on surveillance: Should CBI show call doc records?

The Supreme Court has agreed to examine a critical question if the CBI can be directed to disclose internal communications related to the interception of telephone calls of the accused during the trial in a criminal case.

A bench of Justices Indu Malhotra and M R Shah put a CBI's petition for final hearing in July as the agency challenged the validity of a Delhi High Court's order which ordered for disclosure of such documents to the accused.

The CBI, in special leave petition against the high court's judgement of November 5, 2015, contended such documents were top secret in nature and related to the affairs of the state viz maintenance of law and order, economic and social stability and provide corruption free society. Their disclosure would lead to a contrary effect on the functioning of surveillance on the persons suspected to be acting in contravention of the law and public interest will suffer, it said.

The question of disclosure of such internal communications arose during the trial of accused Dharam Vir Khattar, a property dealer and prime accused in a case related to DDA land scam case in which a former Delhi High Court judge, Shameet Mukherjee, was arrested in 2003 along with others.

During the trial, the accused moved an application under Section 91 of the Criminal Procedure Code for production of the documents, related to interception of telephone calls, which was allowed by the court.

The CBI, for its part, said the authorisation in connection with the electronic surveillance was obtained from the competent authority, in the Ministry of Home Affairs. It also claimed the privilege under Sections 123 and 124 of Indian Evidence At 1872 on the ground that due to the disclosure of such records, the public interest would suffer adversely.

The high court, however, rejected the CBI's claim of privilege and directed for disclosure of the documents saying the CBI may prepare a photocopy of the documents and delete the name of the source or other objectionable information by applying a white fluid or permanent marker or other material.

After putting the CBI's plea for final hearing, the apex court directed the CBI to seek adjournment in the trial court as the question has been kept for consideration by it.