Senior judge gives voice sample

The order to give voice sample was issued by the inquiry officer probing the case,who is a high court judge. Challenging the authenticity of the CD,the judge had moved the high court opposing the direction to give voice sample. However,refusing to grant a stay on the direction of the inquiry officer,the high court (judicial side) had issued notices to high court (administrative side).

Meanwhile,last week,the judge had moved an application requesting the high court to keep the CFSL report in a sealed cover till the inquiry officer submits a report on the authenticity of the CD.

The request was turned down and the high court (judicial side) directed the judge to first raise the same demand before the inquiry officer. Accordingly,an application was moved before the inquiry officer. Now,notices have been issued by the inquiry officer on the application.

The Indian Express was the first to report,last month,that the judge had been suspended for using a “secret” mobile.

The judge had taken the plea that the source of the CD was unknown both to the judge and the high court. The high court authorities and the service provider,when quizzed,have admitted that neither the court nor the service provider company ordered phone tapping. In fact,during the cross examination of a high court official,it was stated that the CD was “ supplied by an unknown informer” and that the court “had no knowledge about the source of preparation or authenticity of the conversation”.

In February,the court asked the judge to give his voice samples to CFSL to find out whether the voice in the CD is of the judge. Crying foul,he had moved the high court challenging this order.

In his petition,the judge had contended that since “the origin,authenticity and contents of the CD is under a cloud”,the inquiry officer had erred in asking him to give his voice samples.

Following,a division bench issued notices to the high court (administrative side) and the high court judge probing the case. Notices have also been issued to Central,Punjab,Haryana and Chandigarh governments asking them to report whether any permission was given by any of the investigating agencies of the state to tap his phone.

It is arguably for the first time that a suspended lower court judge has raised the issue of “illegal phone tapping”,which formed the basis of his suspension.