Lawyer Shishir Monir sent the legal notice on behalf of 10 lawyers of the Supreme Court on Tuesday. It has been requested to state the steps taken within seven days. Otherwise, a writ petition will be filed in the High Court.
The notice mentions 16 wiretapping incidents from 2013 to 2021. It said that Article 43 of the constitution recognises the protection of the privacy of letters and other means of communication as a fundamental right of citizens.
This right has been guaranteed by the constitution. The protection of privacy in communication is one of the fundamental rights enshrined in Part III of the constitution.
The notice said that under Section 30 (f) of the BTRC Act, 2001, it was the responsibility of the commission to ensure the protection of the privacy of telecommunications.
It has been noted that incidents of phone tapping have occurred every now and then. However, according to the constitution and existing law of the country, the responsibility of the commission is to ensure the protection of personal privacy.
The notice further said that the ruling of a three-member larger bench of the High Court on 28 August 2019, had observed the issue of privacy. According to the verdict, the telecommunications regulatory commission and service providers have the highest responsibility in this case.
It is their responsibility to protect personal privacy in accordance with the constitution and the law. They cannot provide personal contact information without the provisions of the law.