Detailed probe needed into phone data leak case, HC told

The state government on Monday submitted before the Kerala High Court that a probe should be conducted into the larger level conspiracy suspected to be hatched by the BSNL official who is an accused in the phone leaking case with others.

Director General of Prosecution T Asaf Ali made the submission on the anticipatory bail plea of R S Sanal Kumar, junior accounts officer at the BSNL customer care centre in Thiruvananthapuram.

According to the state, “The accused leaked the phone-call details of DySP Jossy Cherian, a member of the SIT probing the murder of RMP leader T P Chandrasekharan with an evil motive to obstruct the official from discharging his duties in connection with the investigation.”

“The petitioner had illegal access to the secured data, and divulged the purport of telegraphic digital signals to a newspaper alleging that Jossy Cherian made about 7,557 calls to media-persons. The supplied materials were accessed from the Call Details Records (CDR) Server of BSNL, which is a highly protected computer system,” the state said.

The state submitted that CDR cannot be given to a third party even if requested under the RTI Act.

“It is understood that with the help of the user ID, accused Sanal Kumar had taken the CDR of the SIM card used by DySP Shoukathali, another member of the probe team. There’s every possibility of the accused collecting the CDR of more police officers. This is a serious matter, and thus custodial interrogation of the accused is inevitable,” the state submitted.

The incident had unfolded deep-rooted illegal activities taking place in BSNL by accessing protected data which is of vital importance of national security and invasion of privacy of hundreds of private individuals, the state said.

The state submitted that the mobile conversations made by the investigating officer were vital information in the process of investigation.

Disclosure of such information would impede the investigation and prosecution of offenders. If the petitioner, an influential trade union leader, is released on bail, it would embolden the other accused and suspects, the state submitted.