Following is the text of statement by Union Home Minister Sushil Kumar Shinde made in the Rajya Sabha on the issue of unauthorised obtaining of Call Data Records of Arun Jaitley, Hon'ble Leader of Opposition.
"Hon'ble Members may recall that on the issue of unauthorized obtaining of Call Data Records of Shri Arun Jaitley, Hon'ble Member, I had promised to make a statement after ascertaining the facts. We have ascertained the facts. Chairman, Sir, when this issue was raised in the House on 27.2.2013, many Hon'ble Members referred to the tapping of telephone of the Hon'ble Leader of Opposition. Mr Chairman, Sir, what has been detected in the investigation by the Delhi Police is not the monitoring of the telephone conversation which is ordinarily called "tapping" but the accessing of the Call Data Records. The interception of the telephone or telephone tapping refers to looking at the content of the conversation whereas the Call Data Records pertain to the data regarding the numbers which were called or received. In the case being investigated by the Delhi Police, there was an attempt at unauthorisedly trying to access the call data record i.e. details of numbers called and received and duration of the conversation. This was not a case of telephone tapping.
On receiving information that the Delhi Police had arrested some persons for accessing the Call Data Records of Shri Jaitley, we asked the Delhi Police for details. The Delhi Police have informed us that they came to know that some person had sought Call Data Records of Shri Arun Jaitley, after the Nodal Officer of Airtel asked ACP (Operations), Delhi Police to re-confirm the request made through e-mail. Since, no such request had been made, the confirmation was not given and as such, the Call Data Records were not disclosed.
A case FIR No. 9 dated 14.2.2013 u/S 66 (C) of I.T. Act r/w 420 and 120-B IPC was registered at PS Special Cell, New Delhi on the complaint received from Inspector Arun Kumar regarding dishonestly and fraudulently accessing official e-mail ID of ACP/Operations and for seeking details of ownership of 5 cell numbers.
During the course of investigation, the Internet Protocol (I.P.) addresses and logging details of the official e-mail ID of ACP/Operations were obtained and it was found that it was accessed from an Internet Protocol (I.P.) address belonging to one Constable Arvind Kumar Dabas (No. 892/ND), posted at Parliament Street Police Station. It was further learnt that the Constable had been unauthorisedly absenting himself for the past one year. The Constable was earlier posted in Spl. Staff of New Delhi Distt. and, therefore, had access to the official e-mail ID of ACP/Operations.
The interrogation of Constable Arvind Kumar Dabas has revealed that he was illegally accessing the official e-mail ID of ACP/Operations for the past 6-8 months. He did so for obtaining the call data records and subscriber details of various persons on demand from one Neeraj Nayar, a freelance detective at a price of Rs.1500/- per call detail record and Rs.200/- for providing subscriber details. He stated that Neeraj Nayar is the friend and has a private agency called "Detective Agency India" at Shalimar Garden, Ghaziabad. He has provided call details of various people to him on 10-15 occasions in the past. Neeraj Nayar s/o Lt. Shri Gurbax Rai Nayar r/o H.No. G-4, Plot No. A-22, B.R. Apartments, Shalimar Garden, Sahibabad, Ghaziabad, U.P. disclosed that he used to pass on the call data records to one Nitish r/o Uttam Nagar, Delhi, whom he had met during his business visits to Nitish's office at Connaught Place where Nitish works in a detective agency in the name and style of "V Detect", belonging to one Dr. Anurag Singh. Neeraj Nayar was arrested in this case on 16.2.2013.
Based on the disclosures made by the two accused, namely, Constable Arvind Dabas and Neeraj Nayar; Nitish Singh and Dr. Anurag Singh have been arrested and are being interrogated. Dr. Anurag Singh's detective agency "V-Detect" operates out of 214, Competent House, F-14, Middle Circle, Connaught Place, New Delhi, in which Nitish Singh works as an employee for the past 5-6 years. They provide various detective services, such as, pre and post matrimonial enquiries, provision of secured laptops/ mobile phones and stock related consultancy works. In addition, Nitish Singh does various marketing and sales works in the same office. They used to seek the subscriber details and call data records of mobile numbers through Neeraj Nayar.
Four persons involved in obtaining the CDRs illegally have been arrested and interrogated. The Court of Law has remanded them to judicial custody. Further investigation is underway."
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