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tr ,./ HIGH COURT OF DELHI w.P.(cRL) 98s/2010
MUKESH GUPTA..... Petitioner
Through: Dr.Sumant Bhardwaj with Mr.Shushil Gupta with Mr.Vivekanand Mishra, Advs.
VCTSUS
UOI & ANR. ..... Respondent - Through: Mr.Neeraj Chaudhari CGSC with
Mr.Ravjyot Singh, Adv.for UOI Mr.Narender Mann Standing counsel for CBI with
Ms.Poonam Yadav.Advs.
MUKESH GUPTA..... Petitioner
Through: Dr.Sumant Bhardwaj with Mr.Shushil Gupta with Mr.Vivekanand Mishra, Advs.
VCTSUS
UOI & ANR. ..... Respondent - Through: Mr.Neeraj Chaudhari CGSC with
Mr.Ravjyot Singh, Adv.for UOI Mr.Narender Mann Standing counsel for CBI with
Ms.Poonam Yadav.Advs.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
Yo 07.02.2013 After some arguments counsel for the petitioner seeks to withdraw the present petition with liberty to urge the legal pleas as raised in the present petition before the ld.'frial Court.
I have heard counsel for the parties. Petitioner seeks to challenge interception of his calls on the ground that law only provides for interception of the messages and not for interception of calls. Based on the above legal plea the petitioner has sought declaration of the order bearing number l43l97-cBI dated 12.1r.2008,10.12.2008,10 .1.2009 and 6.2.2009 issued by
$-26 -r '../l a 2013:DHC:7640 lv / I the Secretary, Govt of India, Ministry of Home Affairs being violative of
Arlicle I4,I9 & 2I of the Constitution. Counsel for the respondents- UOI and CBI submits that the Secretary Govt, of India has rightly issued directions as in terms of Section 3 of the Indian Telegraph Act even the telephone calls can be intercepted.
Considering the fact that the petitioner is withdrawing the present petition to urge these pleas before the Ld.Trial Court, therefore liberty is given to the petitioner to urge the legal pleas before the Ld.Trial Court and ld.Trial Court in the final order shall deal with the said legal issue.
With the above direction the present petition is disposed of. la
I
^l , ttt I t t tl t t ,tA tttv tYr KAILXSH GAMBHIR, J
FEBRUARY 07,2013 o b I 2013:DHC:7640
Yo 07.02.2013 After some arguments counsel for the petitioner seeks to withdraw the present petition with liberty to urge the legal pleas as raised in the present petition before the ld.'frial Court.
I have heard counsel for the parties. Petitioner seeks to challenge interception of his calls on the ground that law only provides for interception of the messages and not for interception of calls. Based on the above legal plea the petitioner has sought declaration of the order bearing number l43l97-cBI dated 12.1r.2008,10.12.2008,10 .1.2009 and 6.2.2009 issued by
$-26 -r '../l a 2013:DHC:7640 lv / I the Secretary, Govt of India, Ministry of Home Affairs being violative of
Arlicle I4,I9 & 2I of the Constitution. Counsel for the respondents- UOI and CBI submits that the Secretary Govt, of India has rightly issued directions as in terms of Section 3 of the Indian Telegraph Act even the telephone calls can be intercepted.
Considering the fact that the petitioner is withdrawing the present petition to urge these pleas before the Ld.Trial Court, therefore liberty is given to the petitioner to urge the legal pleas before the Ld.Trial Court and ld.Trial Court in the final order shall deal with the said legal issue.
With the above direction the present petition is disposed of. la
I
^l , ttt I t t tl t t ,tA tttv tYr KAILXSH GAMBHIR, J
FEBRUARY 07,2013 o b I 2013:DHC:7640
JUDGMENT