Advocate SM Saifullah

Questions Answered by Advocate SM Saifullah

Q: Can a police officer tap my phone without warrant

Can a police man trap my phone with out any warrent or any complaint

Advocate SM Saifullah answered
In reply to your query, it is submitted that Telephone-Tapping is a serious invasion of an individual's privacy. As per the Indian Telegraph Act, tapping is permitted under exceptional circumstances such as National Emergency or in the Interest of Public Safety. Police Authorities directly cannot tap your phone, only home secretary to the state government is the authorized officer to give permission to the police then the police can intercept. As stated by you in the absence of any complaint, the action of the police is absolutely illegal and sheer abuse of power.The remedy available to you is to approach the court and seek restraint order against the police from intercepting your phone and for destruction of the data collected so far.

Q: Can a PP be changed in a pending case

My case filed under Sec 509 and IT Act 2000. But the Public Prosecutor is cheating me in favour of my husband. Can I request for change of the PP or for a personal pvt. advocate?

Advocate SM Saifullah answered
Dear Madam,In reply to your query, it is submitted that you can engage the services of a private counsel according to section 301(2) of Cr.P.C, however his role would be confined only to the extent of assisting the public prosecutor. The private counsel cannot step into the shoes of PP and argue the case. Request to change the PP will not be allowed.If you feel that injustice is being meted out to you then you can a file a transfer petition to transfer your case to some other court in the same district. This will automatically leads to appointment of new public prosecutor.