Right to life - Telephone tapping . When a person is talking on telephone, he is exercising his right to freedom of speech and expression. Sec. 5 (2) of the Telegraph Act permits the interception of messages on occurrence of any public emergency or on in the interest of public safety . An order for telephone tapping in terms of the section shall not be issued except by the Home Secretary or by his delegatee. More directions issued. [ People's Union for Civil Liberties vs Union of India. AIR 1997 SC 568. Kuldip Sing and S.Saghir Ahmad (JJ)]