ISLAMABAD:The Islamabad High Court (IHC) in an order on the audio leaks case restrained telecom companies from recording phone calls and data for surveillance purposes.
Justice Babar Sattar heard the petitions of former first lady Bushra Bibi and former chief justice Saqib Nisar’s son against their respective audio leaks.
The court demanded clarity regarding the law authorizing the Pakistan Telecommunication Authority (PTA) to carry out surveillance activities.Additional Attorney General Munnawar Iqbal replied, “It is being done under a legal framework.”
Justice Babar Sattar remarked “under which law are you recording peoples’ calls”, asking the AAG to inform the court officially. “Who has given the permission; who has given the authority to record calls?” the judge said.
“You earlier told the court no one was authorized to tap phone calls. If you back down from this position now there will be consequences. The law says that the federal government can authorize this, but according to you it was not authorized,” he added.
The AAG clarified that his earlier reply was only to the extent of the audio leaks involving the petitioners.Responding to the AAG’s clarification, Justice Babar remarked that things would not progress if the federal government “lies in court”. He said various institutions and offices, including the Prime Minister’s Office, have submitted their responses in court. They maintain that no one has been permitted to carry out legal interception. “If the authority to conduct surveillance has been granted, tell us where and how,” the judge remarked.
At this, the AAG stated that rules should be made in this matter if none exist.The judge questioned who would make the rules, and also asked who would notify the institutions about the rules. He further asked if any secret recording has been made till now after seeking permission from the courts.
“Under the law, every six months one’s permit for such secret recording will be reviewed, has any such review committee been formed to date?”
Justice Babar questioned AAG whether the phone recording without judicial permission was also punishable. “Did the PTA’s license mention these conditions or has the PTA given a policy in this regard? Has this law been followed in the last one year or not?”
