SC upholds Maharashtra's power to tap phones

The Supreme Court on Monday upheld the constitutional validity of section 13 to 16 of MCOCA. These sections authorise the state government to intercept telephonic conversations of certain people as decided by the state government from time to time. The sections also provided that the intercepts recorded by the state government can be used as evidence in the court of law. The Bombay High Court had earlier struck down these provisions terming as unconstitutional. The Maharashtra Government had moved to the apex court saying that the Act was necessary to counter organised crime and syndicates run by the underworld.

The state government had contended before the apex court that section 13 to 16 of Maharashtra Control of Organised Crimes Act, which authorises the state government to intercept telephonic conversations, are necessary to counter organised crime and syndicates run by the underworld. The Bombay high court while upholding the constitutional validity of the Maharashtra Control of Organised Crime Act, had struck down its crucial provisions which authorise interception of telephonic conversations by the state.

The High Court judgment was in response to petitions filed by diamond merchant and film financier Bharat Shah, who was facing trial under MCOCA. According to Bharat Shah, the state government could not have enacted such a law as the making such a law comes under exclusive domain of the central government.

The Indian Telegraphs act provided for interception of telephonic conversation but it could have been done only in the cases of emergency and public safety. But now the state government can intercept the conversations even when it is done in a casual manner.