Govt warns against unauthorised phone tapping by companies, private sleuths

Taking a serious note of some telecom companies and private detective agencies operating unauthorised interception of telephone calls, the government today said such companies or agencies indulging in these practices will be booked and punished as per the provisions of Indian Telegraph Act.

In a written statement, the department of telecommunication (DoT) issued a statement saying the power of interception of telegraph messages in the interest of the sovereignty and integrity of India.

"It has come to our notice that some persons, companies, including public sector undertakings, private vendors and private detective agencies are establishing, maintaining or operating unauthorised communications networks, including wireless network for unauthorised monitoring, intercepting and surveillance of communications, and some time are importing these equipments for demonstration purpose to law enforcing Agencies (LEAs) for short duration," the statement said.

"Such acts violate the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933 and persons or companies involved in such types of acts are liable to punishment as per provision of Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933," it added.

This act gives powers to the government to seize the equipment and also carries a punishment for maximum of three years with a fine of Rs1,000.

The statement said that under the law, no equipment or sub-system can be used for unauthorised communication network, monitoring, intercepting and surveillance of communication.

"The persons and companies who imported, procured or possess the equipment or sub-systems capable of monitoring, intercepting and surveillance of communication are directed to inform the details of such equipments within 60 days to the respective telecom enforcement, resource and monitoring (TERM) cells of department of telecommunications," the statement said.

The information about persons or companies who possess, have imported or procured or assembled or manufactured the equipments or sub-systems having capabilities of monitoring, intercepting and surveillance of communication is also being independently compiled by the government through its own sources, the government warned.

It said the persons or companies who will not be filing information within 60 days of publication or indulge in suppressing the facts will render them liable for prosecution under the law.

The moves comes in the wake of leak of tapped telephone tapes of corporate lobbyist Nira Radia, which has indicated the hand of a prominent telecom company in circulating the conversation in public domain.

Sources in the government claimed that the probe so far had indicated that a mirror image of the entire conversation was stored in the data bank of the telecom company, where the tapping was done on the instructions of the government.

The tapping was done at the request of the income tax department after taking sanction from the competent authorities.

Central Board of Direct Taxes (CBDT) was probing into alleged leak of tapes of telephone conversations between Radia and politicians, journalists and industrialists.