Note for vote case: HC tells lower court to send data records

Hyderabad: Justice Vilas Afzulpurkar of the High Court at Hyderabad on Thursday directed that the court of Third Additional Chief Metropolitan Magistrate, Vijayawada to receive and transmit to the High Court the sealed cover containing the telephone data connected to the Revanth Reddy case.

The judge was dealing with two petitions filed by Telangana Principal Secretary. He questioned the orders of the Magistrate in asking for the records from the telecom companies. Senior Counsel Ramjethmalani appearing for the petitioner challenged the authority of the Magistrate.

P Venugopal Rao Advocate General of Andhra Pradesh contended that such writ petitions should not be entertained as criminal court cannot be assailed in a writ jurisdiction. He pointed out to a judgement of the Apex Court that had ordered the telecom companies to place the material before the court in a sealed cover.

Additional Solicitor General of India Natarajan pointed out that entire correspondence regarding the interception was privileged document and cannot be disclosed or forced to be disclosed even before court of law. The judge directed the Magistrate to submit the report to the High Court after receiving the relevant data.