Delhi HC Dismisses Plea Seeking Destruction of CBI-Intercepted Call, Text Transcripts

Delhi HC Dismisses Plea Seeking Destruction of CBI: Delhi High Court rejects plea to destroy transcripts of calls and messages allegedly intercepted by CBI, says corruption has “pervasive impact” on economy.

Justice Amit Mahajan on June 26 also dismissed the petition of Aakash Deep Chouhan against the order of the trial court framing charges of criminal conspiracy under IPC and the Prevention of Corruption Act.

He held that the interception was legal as the 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 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.

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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."

CBI had accused Chouhan of being part of a criminal conspiracy related to a sub-contract for steel work awarded to M/s Capacite Structures Ltd by M/s Shapoorji Pallonji & Co. Ltd under a project granted by NBCC Ltd. According to the agency, Pradeep, a public servant, allegedly demanded a motorcycle as a bribe to influence senior officials at NBCC. The demand was reportedly made by a middleman, Rishabh, to Sanjay, the managing director of Capacite Structures. Chouhan, an employee of Sanjay, allegedly purchased the motorcycle meant as a bribe.

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Chouhan’s plea argued that the intercepted communications were inadmissible and no substantial case of suspicion was made out against him. But the court rejected this submission, saying that the right to privacy, though fundamental, is not absolute and can be restricted by law in the interest of public safety or in cases of public emergency.

Centre or a state government or any officer specially authorised can 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 that if the allegations in the present case are proved would render doubtful the entire process of award of tenders and bids on the basis of personal influence with senior officers rather than benefit of the public at large.

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