The Delhi High Court has asked the Department of Telecommunication for responding to a plea filed by retired judge IM Quddusi,for seeking records of its review committee for validating the interception of phone calls between the accused involved in the medical college bribery case.
The Delhi High court has issued a notice to the Central Bureau of Investigation for asking to file the status report on the case by the first week of July.
The Two former high court judges – SN Shukla of the Allahabad High Court and Quddusi of the Odisha High Court – have been charged by the CBI in the case.
To make it clear, the agency had produced the intercepted phone calls between the two judges as part of its charge sheet filed last July. The agencies have also named named other people in the alleged bribery scandal.
Former Justice Quddusi moved to the Delhi HC after his plea was disposed by the lower court last September l.
As per the available information, the telecom department, in response to Quddusi’s demand, told the lower court that the record in question have been destroyed.
The court was also apprised by the telecom department that the home ministry’s order for the interception of the phone calls was in accordance with provisions of the Indian Telegraph Act.
The lower court had found the department’s stance “satisfactory”.
Advocate Ayush Jindal who appeared on behalf of Quddusi, alleged that certain patent illegalities were involved in the act of interception of calls and messages.
Advocate Jindal said that the due procedure was not followed by CBI and the telecom department, the intercepted call records should not have been relied upon by CBI in its chargesheet.
He also questioned in the claim by telecom department contesting the claim of records been destroyed. He argued that there was “no provision” under the Telegraph Rules wherein the record could be destroyed.
The counsel argued that if we have to rely upon the statement of the telecom department that all the relevant records have been destroyed then how were the intercepted message and call records are not destroyed since there has to be complete destruction of the records.
Last February the media reported that that to substantiate its charge of corruption against the former high court judges, the CBI in its charge sheet had produced transcripts of “incriminating” telephonic conversations between the two judges allegedly discussing bribes to pass a judgement in favour of a medical institute.