HC has Home Sec.  Unconstitutional phone tapping order

• Justice N. Anand Venkatesh rejects the Union Ministry of Home Affairs’ request to expand the scope of Section 5(2) of the Indian Telegraph Act of 1885.
• Venkatesh argues that the boundaries for invasion of a fundamental right through law are a function of the legislature, not the court.
• He argues that phone tapping is an invasion of the right to privacy, a right recognized as an integral part of the fundamental right to life and personal liberty.
• Venkatesh argues that courts are gatekeepers of fundamental rights and cannot reposition the gates as the executive requires without the intervention of the legislature.