The Hindu : New Delhi News : Question marks over phone-tapping

Online edition of India's National Newspaper
Saturday, Sep 17, 2005

New Delhi

New Delhi

Question marks over phone-tapping

Though phone-tapping has certainly improved pro-active policing, it can become a bane if not handled judiciously, says Devesh K. Pandey

Though the recent disclosure about an alleged telephonic conversation between an Assistant Commissioner of Police and a suspected drug trafficker tapped by the Narcotics Branch has landed the Delhi police in an embarrassing situation, police officers here feel that the opportunity is a godsend to initiate a debate on the ethics of phone-tapping for purposes of maintaining law and order.

For the record, it is under the Indian Telegraph Act, 1885, that the police enjoy the right to intercept and tape telephonic conversations, but only in cases of national security, public emergency or in the interest of public safety and tranquillity. As per the guidelines, it is mandatory for the police here to take permission from the Principal Secretary Home before going ahead with the tapping.

With most criminal elements relying heavily on mobile phones for communication these days, the police are left with no option but to resort to electronic surveillance to track them down. And it is due to over-dependence on such technology that they dispatch bundles of requisitions every day seeking approval. "But in several cases we do not have the time to wait for the approval as there are chances of the culprits getting away, and hence arrangements are in place to get an interim clearance from an officer of the rank of Joint Commissioner of Police," reveals a police officer, adding that a requisition in that regard has to be sent to the office of the Principal Secretary Home in any case.

Despite all these checks and balances, senior police officers concede that there is no foolproof mechanism to check if the numbers being forwarded to them seeking approval for tapping are genuinely of those suspected to be involved in criminal activities. "Though officers are required to give reasons for tapping a particular phone, there is no way to find out if the tapping has been done for other purposes, till the misuse is brought to the notice of senior police officers. It is basically a matter of trust," says the police officer. While in most cases the police do follow the set rules, it is alleged that there have been instances where they get phones tapped through their contacts in the mobile service providing agencies well before getting an approval from the competent authority. The common excuse is that by the time approval is granted the criminals would have vanished from the scene. It is good that with changing times the police have acquired the latest gadgets for efficient handling of the law and order situation. Sophisticated phone interception devices -- having the capacity to keep surveillance on about 16 phone lines at a time -- have been installed in each district. Besides, units like the Special Cell and the Crime Branch have acquired more sophisticated equipments.

Though such technology has certainly improved pro-active policing in the Capital, many feel that the police need to keep in mind that this great boon can become a bane for them if it is not handled judiciously.

While there have been allegations against the police in other States about illegal tapping, the Delhi police can keep itself above such controversies by making sure that the electronic surveillance techniques are not misused.

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