Delhi High Court
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New Delhi: The Delhi High Court has rejected an accused's plea for destroying transcripts of calls and messages allegedly illegally intercepted by CBI, underlining corruption's "pervasive impact" on country's economy.
Justice Amit Mahajan on June 26 also dismissed the petition of one Aakash Deep Chouhan against an order of the trial court framing criminal conspiracy charges under IPC and the Prevention of Corruption Act.
Holding it to be a legal interception, the high court said the interception orders passed by the union Ministry of Home Affairs showed they were passed "for the reason of public safety" in the interest of public order to prevent incitement to commission of an offence.
"The threat posed by corruption cannot be understated. Corruption has a pervasive impact on a nation’s economy and the same can impact anything from infrastructural development to resource allocation," the order read.
It continued, "Corruption by a public servant has far reaching consequences as it serves to not only erode public trust and cast aspersions on the integrity of public institutions, but also renders the public at large susceptible and vulnerable by threatening the economic safety of the country." The court, therefore, held no case was made for the destruction of the transcripts.
The CBI alleged conspiracy for securing a sub-contract for steel work from M/s Shapoorji Pallonji and Company (P) Ltd in favour of M/s Capacite Structures Limited in the project awarded to it by M/s NBCC (India) Ltd.
Pradeep, a public servant, allegedly demanded a new motorcycle as illegal gratification to exercise his influence with senior functionaries of NBCC.
The demand was conveyed by another accused Rishabh, who acted as a middleman to facilitate the transaction, to accused Sanjay, the managing director of M/s Capacite Structures Limited, the CBI alleged.
Chouhan, who was an employee of accused Sanjay, had reportedly purchased the motorcycle to be given as bribe to Pradeep.
Chouhan, in his plea, contended that interceptions were unlawfully and illegally carried out by CBI in violation of his fundamental rights and statutory safeguards and accordingly, they were inadmissible as evidence.
He also submitted that the material brought forth by CBI after investigation, including the calls, did not make out a case of grave suspicion against him.
Opposing the plea, the CBI argued destruction of the intercepted calls was not warranted and the condition precedent of public safety, as prescribed under the Indian Telegraph Act, was met in the case.
CBI said the allegations against Chouhan related to corruption, which posed a risk on the economic well being of the country and its people.
Rejecting the plea, the court said though every person had a fundamental right to privacy, the same wasn't absolute and couldnt be curtailed by procedure established by law.
The Centre or a state government or any officer specially authorised could legally carry out interception or surveillance in the event of any public emergency or in the interest of public safety, it added.
The court observed the serious nature of allegations in the present case, if proven, would render dubious the entire process of awarding of tenders and bids on the basis of personal influence with senior officers rather than benefit of the public at large.