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\\ {' HIGH COURT OF DELHI w.P.(cRL) 986t20r0 PIYUSH GOEL..... Petitioner
Through: Dr.Sumant Bhardwaj with Mr.Shushil Gupta with Mr.Vivekanand Mishra, Advs.
Through: Dr.Sumant Bhardwaj with Mr.Shushil Gupta with Mr.Vivekanand Mishra, Advs.
VERSUS
UOI & ANR.
I ""' 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.
I ""' 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
ORDER oh 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.Trial 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 s-27 ta
2013:DHC:7641 \\, g plea the petitioner has sought declaration of the order bearing number l4l3 I 97 -CBI dated 12.11.2008, 1 0. 1 2.2008,10.1 .2009 and 6.2.2009 issued by the Secretary, Govt of India, Ministry of Home Affairs being violative of
Article 14,19 & 2l 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 leeal issue.
With the above direction the present petition is disposed of.
KAILASH GAMBHIR. J FEBRUARY 07,2OI3 g cl 2013:DHC:7641
ORDER oh 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.Trial 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 s-27 ta
2013:DHC:7641 \\, g plea the petitioner has sought declaration of the order bearing number l4l3 I 97 -CBI dated 12.11.2008, 1 0. 1 2.2008,10.1 .2009 and 6.2.2009 issued by the Secretary, Govt of India, Ministry of Home Affairs being violative of
Article 14,19 & 2l 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 leeal issue.
With the above direction the present petition is disposed of.
KAILASH GAMBHIR. J FEBRUARY 07,2OI3 g cl 2013:DHC:7641
JUDGMENT