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Showing contexts for: SUBRAMANIAN SWAMY in A. Shankar vs State Rep. By on 13 December, 2010Matching Fragments
9. In this connection, the learned counsel for the petitioner has advanced his arguments on three grounds;
1. The petitioner herein has been considered to be the only person response for leakage of information and for the telecast and publication of the information. He has also adverted to, that one Dr.Subramanian Swamy, on 12.05.2008 had addressed the press conference and released to the press an audio CD containing a conversation between Tmt.Poongothai Aladi Aruna, the then Social Welfare Minister and Thiru.S.K.Upadhyay who had been recording all incoming telephone calls in his official telephone No.24612561. He has canvassed that the conversation which was released by Dr.Subramanian Swamy was one of those conversations including the one recorded by Thiru S.K.Upadhyay since 2005.
2. The learned counsel for the petitioner has also made stress that it was incumbent on the investigating officer to examine Dr.Subramanian Swamy, President of Janata Party and Ms.V.S.Chandralekha, State President of Janata Party, who were addressing the press on 12.05.2008, to know as to whether they were in possession of all the conversation recorded by Mr.S.K.Upadhyay and whether he could be a person who was instrumental in releasing the conversation which is the subject matter of the charge sheet to the press and the television. But unfortunately, the investigating officer had not chosen to examine Dr.Subramanian Swamy and Tmt.V.S.Chandralekha to ascertain the source of the telephonic conversation between Tmt.Poogothai and Mr.S.K.Upadhyay, which was released by Dr.Subramanian Swamy.
21. On coming to the instant case on hand it is obvious that there is no mention in the sanction of prosecution in respect of Section 72 of Information Technology Act 2000. It is also pertinent to mote here that during the course of his arguments, the learned counsel for the petitioner has posed three questions i.e.;
1. Why Dr.Subramanian Swamy and Tmt.V.S.Chandralekha were not examined by the investigating officer so as to ascertain the source of telephonic conversation between Tmt Poongothai and Tr.S.K.Upadhyay which was released by the later to the press ?