Though the originals of the sensational Niira Radia tapes have been deposited with the Supreme Court for “safe custody” in view of apprehension that the sensitive interceptions may be destroyed due to the involvement of several high-profile people, the income-tax directorate-general (investigation) has assured the top court that its data bank of recorded conversations has “foolproof” security against any tampering.
The I-T DG in his affidavit in response to Ratan Tata’s petition on “leak” of the Radia tapes, has furnished complete details how the investigation wing of Central Board of Direct Taxes got clearance from the ministry of home affairs on December 21, 2005 to monitor telephonic messages under section 5(2) of the Indian Telegraph Act to keep a tab on the “illegal transactions” across the country.
“As per the laid down guidelines, all law enforcement agencies are required to share information and records relating to matters involving national security, terrorism, money laundering, corruption, tax evasion and other crimes with each others,” the affidavit said adding in view this equipment for interception of telephone lines including cell phones and SMS were installed in seven offices of I-T DG all over the country in 2007-08.
The Central ultra modern facility was installed in I-T DG office at Delhi. “The process is subject to normal safeguards and procedures stipulated for such monitoring as is being followed by the other agencies… the laid down security measures are strictly followed in all the cases of interceptions by the I-T department and the same were followed in present (Niira Radia) case,” the affidavit said.
However, the I-T DG had some difficulty with the telephone companies as it pointed out that the department has “no powers” with regard to the telecom service providers to check “leak” of any information from their source.
“However, the I-T department wishes to reiterate that secrecy and security have been maintained and the integrity and safety of the data of electronic form have been ensured through proper checks in the system through which the recordings have taken place,” the affidavit stated.