State v. Abdul Hakeem M.

Riya SinghCase Summary

Whether telephones are covered under the scope of the Indian Wireless Telegraphy Act, 1933?

State v. Abdul Hakeem M.
In the High Court of Madras
Crl. A. 783/2013
Before Justice G. Jayachandran
Decided on July 20, 2023

Relevancy of the case: Whether telephones are covered under the scope of the Indian Wireless Telegraphy Act, 1933?

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66(2))
  • The Indian Telegraph Act, 1885 (Section 20, 21, 25(c))
  • The Indian Wireless Telegraphy Act, 1933 (Section 3, 6)
  • The Indian Penal Code, 1860 (Section 120B, 419, 420, 468, 471)

Relevant Facts of the Case

  • Abdul Hakeem established an illegal telecom hub in Chennai under the guise of M/s Casino Courier Service and operated a parallel telecom exchange without a valid license.
  • He and the co-accused parties misused GSM connections to receive international calls via an ADSL link, causing the Government of India to incur significant financial losses.

Prominent Arguments by the Advocates

  • The appellant’s counsel argued that the lower appellate court misinterpreted the law by excluding telephones from the purview of the Indian Telegraph Act, 1933. He contended that establishing an illegal telephone exchange falls within the Act’s definition.
  • In defence of the lower court’s decision, the accused’s counsel argued that a strict interpretation excludes telephones from the Act’s scope.

Opinion of the Bench

  • The court acknowledged the lower appellate court’s misinterpretation, emphasising that telephones indeed fall under the definition of telegraph as per Section 3(1-AA) of the Indian Telegraph Act, 1933.
  • The court affirmed the need to rectify the misapplication of the law for future cases.

Final Decision

  • The court abated the criminal appeal due to the respondent’s demise while noting the legal error in the lower court’s judgment.