Interception/recording of phone calls: No permission granted to any agency, govt tells IHC

ISLAMABAD: The federal government has informed the Islamabad High Court (IHC) that no permission has been granted to any agency to intercept or record phone calls of citizens. It was stated in the reply submitted by the secretary to the prime minister, secretary defence, secretary interior, and chairman Pakistan Telecommunication Authority (PTA) in a petition of former chief justice Saqib Nisar’s son Mian Najam us Saqib challenging a Special Committee constituted by speaker National Assembly to audit, inquire into, and investigate audio leaks involving him.

In this matter, a single bench of Justice Babar Sattar has been hearing the petition moved by Najam through his counsels, Sardar Latif Khosa and Shoaib Shaheen advocate. The petitioner cited the federation through secretary Ministry of Parliamentary Affairs and speaker National Assembly and the chairman of the Special Committee as respondents. According to the government’s reply, no agency was given the permission to record citizens’ phone calls, and that a judge is required to sign off on a warrant to do so.

The IHC bench mentioned in its written order that in the responses filed, the federal government has referred to (i) Section 5 of the Telegraph Act, 1885, that authorises the federal government to intercept messages in the interest of public safety or on occurrence of any public emergency; (ii) Section 54 of the Pakistan Telecommunication (Re-Organization) Act, 1996, that authorises the federal government to authorise interception of calls and messages in the interest of national security, and (iii) Section 11 of the Investigation for Fair Trial Act, 2013, pursuant to which “warrants can be sought from a judge for surveillance or interception of messages.”

Justice Sattar directed the principal secretary to the PM to file a report stating whether any permission has been granted or authority delegated or warrants sought, under the aforementioned provisions, by the federal government, and their details if such actions have been taken. He may seek the assistance of any other secretary of a relevant division or ministry or the head of any intelligence or investigation agency for such purpose.

He added, “This court expects that the federal government will file a candid report with the requisite information. Pakistan has a well-equipped and functional and competent national security infrastructure. It cannot be countenanced that recording of audio calls and interception of messages related to the highest public offices of the country is the handiwork of hostile agencies or elements who operate beyond the remit of the state of Pakistan and without its knowledge.”

Copyright Business Recorder, 2023