Both Courts dealt with phone tapping and involved the reason of “preventing incitement to commit a crime.” 

This is one of the legal grounds allowed for authorising phone tapping.

• The Delhi High Court upheld the interception order, and the Madras High Court quashed it.
  • Madras court held that Telephone tapping constitutes a violation of the right to privacy (Fundamental Right under Article 21) unless justified by a procedure established by law.

The laws on phone tapping in India:

• Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024:  Issued under the newly enacted Telecommunications Act, 2023, lay down the procedure and due process for the government to lawfully intercept message.
• The Information Technology Act, 2000: It governs the interception of WhatsApp messages, emails, etc.