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The Supreme Court today said it will hold final hearing on a day-to-day basis from April 19 on Tata Group chairman Ratan Tata's plea to bar online portals and electronic media from airing his phone conversation with corporate lobbyist Nira Radia tapped by the income tax department. A bench of Justice GS Singhvi and Justice AK Ganguly will examine the issues raised by Tata including the questions of right to privacy and right to freedom of speech and expression as envisaged under the Constitution.

"The Supreme Court will take up on Tuesday Tata Group Chairman Ratan Tata's plea on the right to privacy after the leakage of his telephonic conversations with corporate lobbyist Niira Radia tapped by the Income Tax Department. A bench headed by Justices G S Singhvi will examine the issues raised by Tata, including the questions of right to privacy and right to freedom of speech and expression as envisaged under the Constitution. Tata, in his petition, has said that several parts of the conversations were purely private in nature which were spoken casually and could not be taken seriously. He pleaded the online portals and the news media should be restrained from making his conversations public. "

Industrialist Ratan Tata has questioned in the Supreme Court the lackadaisical attitude of the Centre in allowing free distribution and publication of his private conversations with lobbyist Nira Radia recorded by the Directorate General of Income Tax without taking any steps to retrieve the stored material or to find out the source of leakage. Mr. Tata, who filed a writ petition alleging that the publication of the tapes had infringed his right to privacy, in his supplementary affidavit said that the power of the law enforcement agencies to record telephone conversations itself "constitutes a serious encroachment upon the right of privacy guaranteed by Article 21 of the Constitution." He made it clear that the present petition was not designed to somehow keep back from publication any conversation to which he allegedly was a party for any oblique purpose. It was filed to seek redress of a wholesale violation of the constitutional rights of a large number of persons, including the petitioner and including a host of corporate entities by the indiscriminate publication of wiretrap material procured by questionable means.

Industrialist Ratan Tata on Thursday accused the government of adopting a "lackadaisical" manner in protecting the right to privacy, citing his case as an apt example. "Today my concern is that government is not giving serious consideration and attention to the issue. There may be other CDs which can be leaked and brought into public domain. There is a lackadaisical approach on the part of the government," senior Advocate Harish Salve, appearing for Tata in the Supreme Court, contended. Tata's concerns prompted the Bench of Justices G S Singhvi and A K Ganguly to remark that though the government " have the right to tap but they also have the duty to protect it and ensure that it is not leaked". "They have to safeguard it (the tapes) effectively. In the fast-changing time and developing technology, privacy is virtually disappearing and is being diluted," the court observed.

The government will soon issue guidelines to address security concerns over 3G video calls. "3G issue is almost resolved. Soon you will have new guidelines," communications and IT minister Kapil Sibal said. Yesterday, home minister P Chidambaram had said that telecom service providers neeed to work out the modalities to provide interception facilities to the security agencies, and only after that can the 3G mobile services be rolled out. The department of telecommunications (DoT) had asked Tata Teleservices and Reliance Communications to stop commercial launch of 3G mobile services, including video calling facility. The law enforcement agencies were not able to intercept the video calls on a real time basis. The contents of video calls were displayed only after five minutes. The operators had offered to provide an interception solution in the next six months.

The Union government on Thursday permitted carriage of video calls on 3G mobile networks subject to an undertaking by the operators that they would provide interception capability by July 31. The Tatas and the RCom have already launched the 3G service across various circles, while others, including Bharti and Vodafone, are likely to start the service soon. Those offering the service were asked to stop the service as security agencies were not able to intercept the video calls on real-time basis.

The Supreme Court on Monday issued notice to the Centre and the Telecom Ministry on a petition for a direction to frame guidelines for telephone tapping without infringing on the right to privacy of citizens. A Bench of Justice G. S. Singhvi and Justice A. K. Ganguly issued notice on the public interest litigation petition filed by advocate Ravinder Kumar, seeking direction that interceptions which were purely private in nature should be kept out of the ambit of tapping. The Bench directed the matter to be tagged with the petition filed by industrialist Ratan Tata, which alleged that publication of his private conversations with corporate lobbyist Nira Radia tapes had infringed his right to privacy.

If Mr Ratan Tata, Ms Barkha Dutt, Mr Vir Singhvi and others who figured in Radia tapes and Ms Niira Radia herself feel defamed by these revelations, they can test their right to reputation by suing the publishers. Certainly they do not have Article 21 protection here. That right is available for victims of crime but not to criminals or their helpers.

The Supreme Court on Monday issued notice to the Centre on a writ petition for a direction to the Centre to release all 5,800 conversations of Niira Radia tapped by government agencies. A Bench of Justices G.S. Singhvi and S.S. Nijjar was hearing the petition filed by the Centre for Public Interest Litigation and posted the matter for further hearing on February 2, along with the petition filed by industrialist Ratan Tata on the same issue. The CPIL also wanted the court "to frame guidelines that protect public whistle-blowers." The petitioner said: "Public interest requires that the conversations in the Radia tapes be brought into the public domain so that the citizens' right to know is effectuated by informing them how every aspect of their government as well as institutions such as the media, are being subverted.