Ratan Tata may invoke Article 32 of the Constitution, claiming that his Right to Life, which includes right to privacy, has been breached by the leakage of these tapes.
Final touches are being given to a writ petition Tata Group chairman Ratan Tata is likely to file in the Supreme Court (SC) on Monday, raising the crucial issue of supremacy of the fundamental right to privacy and its disrespect by the authorities.
Tata is hurt after his telephonic conversation with the company’s public relations consultant Nira Radia was intercepted and leaked to the media along with the 2G spectrum tapes.
Sources said a Delhi corporate lawyer was giving final touches to the Tata plea, to be filed under article 32 of the constitution, and framing the prayers to be sought from SC.
Article 32 empowers a citizen to move SC alleging violation of his/her fundamental rights.
SC has already held that unwarranted and unlawful phone-tapping by the authorities is violation of the right to life and this could provide a strong ground to the Tata petition.
Among the various issues Tata may raise is — can such intercepts be made public in disregard to the person concerned’s rights to privacy and reputation, which is an integral part of the basic right to life?
Tata has said government agencies have special powers to invade people’s privacy, but with these special powers come special responsibilities.
In a TV interview, he said the government could take a stand, bring an auditor, investigate the matter and book the guilty.
“But stop this sort of banana republic kind of attack on whoever one chooses to attack on a basis unsubstantiated even before the person has a very Indian right — namely to be considered innocent until found guilty in a court of law,” an anguished Tata said.
Legal analysts said once filed the petition will get an official number from the court, after which Tata’s lawyer may plead before a bench headed by chief justice of India (CJI) SH Kapadia for an urgent hearing.
It will be open to CJI to refer the petition to an appropriate bench or to the bench of justices GS Singhvi and AK Ganguly which is already seized of petitions relating to 2G spectrum allocations ordered by then telecommunications minister A Raja two years ago.
CBI has already filed an affidavit explaining the magnitude of the alleged scam and has said it was sifting thousands of documents and intercepts conducted with authority.
Tata’s petition may not be concerned with the ongoing proceedings but with unauthorised use of the intercepts leaked to the media.
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