Kerala High Court orders fresh notice to former MLA PV Anvar in illegal phone tapping case

The Kerala High Court on Wednesday ordered the issuance of a fresh notice by speed post to former Member of Legislative Assembly (MLA) PV Anvar in a case concerning alleged illegal telephone tapping of senior police officials. [Murugesh Narendran v Union of India & ors].Justice PV Kunhikrishnan issued the direction after being informed that an earlier notice sent to the politician in a plea seeking a CBI probe was returned unclaimed.The judge remarked that Anvar may be busy due to upcoming Nilambur by elections in which he is contesting as an independent candidate with the backing of the Trinamool Congress. He has been a member of the Indian National Congress as well as the Left Democratic Front at different points in his career. "He must be somewhere due to the elections (Ayal electionill evdenkilum aayirkyum). Issue fresh notice to respondent number 13 (PV Anvar). You file petition to take steps to complete service", the judge directed orally.The petitioner's counsel submitted that Anvar was 'playing hide and seek', and expressed concern over the former legislator not even acknowledging a court notice."Why is police not registering an FIR against him? Notice which was sent to MLA has come back unclaimed. Anything can happen in this State," the counsel remarked..The order was passed when the Court was hearing a petition filed by Kollam-based businessman Murugesh Narendran, who accused Anvar of illegally tapping phone calls of several people, including himself, police officers, and other politicians. Narendran's counsel, advocate Peeyus A Kottam, contended that Anvar had openly admitted to the phone tapping during a press conference where the former legislator claimed he intended to expose crimes involving top police officers and political figures.Kottam argued that this was a serious violation of fundamental rights, including the right to privacy and free speech and several legislations such as the Telegraph Act, Information Technology Act and Official Secrets Act.He submitted that no police action was taken despite his public admission prompting Narendran to move the High Court with this petition..Justice Kunhikrishnan questioned Narendran's counsel about the delay in effecting service of previous notice issued by the Court. The judge also pointed out that the police had stated that only non-cognisable offences were made out against Anvar.Kottam, however, stated that even if no cognisable offence was made out, the inaction on the part of the police to even register an FIR against Anvar, was not acceptable.The Court ultimately directed the issuance of a fresh notice to Anvar by speed post.