ISLAMABAD: Terming the existing law allowing spy agencies to tap phones as “ambiguous”, Supreme Court Justice Jamal Khan Mandukhel said the case would also affect pending cases.
On Wednesday, a seven-member constitution bench headed by Justice Aminuddin Khan heard the phone tapping case.
The current government in July 2024 approved the Inter-Services Intelligence (ISI), the country’s largest spy agency, to intercept and trace calls and messages suspected of crimes against national security.
A notification issued by the Ministry of Information Technology said that the ISI was authorized under Section 54 of the Pakistan Telecommunications (Reorganization) Act, 1996.
During today’s hearing, Justice Muhammad Ali Mazhar – who is part of the seven-member bench – inquired whether any legislation was passed regarding phone tapping.
Responding to this question, Additional Attorney General Aamir Rehman said that the law has been in force since 2013 and the ISI and the Intelligence Bureau (IB) were officially allowed to tap phones. He told the court that the procedure of phone tapping is part of the law and judicial supervision is also part of the law.
Justice Mazhar replied that according to the law only the judge can give permission to tap the phone. “Has a judge been notified for this purpose?” he asked. The AAG replied that he was not aware of the nomination of a judge in this regard.
Justice Aminuddin Khan told AAG that we are not interested in reports or law, we want results.
Meanwhile, Justice Mandukhel termed the phone-tapping law as “vague” saying: “The [phone tapping] The case will also affect pending cases. This matter started from the chamber of the Chief Justice, where will the Chief Justice go?
The Advocate on Record (AOR) noted that the petitioner could not be contacted, adding that his lawyer had also passed away last year. The court adjourned the hearing by issuing a notice to the Advocate General.
The federal government’s decision to allow phone tapping was met with strong backlash from opposition circles and was challenged in the Lahore High Court (LHC).
In early August, the Supreme Court accepted the federal government’s appeal in the case related to the audio leaks of PTI founder Imran Khan’s wife Bushra Bibi and former Chief Justice Mian Saqib Nisar’s son Najamul Thaqib. IHC) was ordered. Proceedings should be stopped till further orders.
During the hearing, the AAG informed the court that the intelligence agencies are unable to perform counter-intelligence activities due to the IHC verdict. He further said that the High Court exceeded its jurisdiction under Article 199 of the Constitution contrary to two judgments of the Supreme Court.
It is to be noted that on May 29, IHC Justice Babar Sattar had restrained telecom companies from recording phone calls and data that would hamper the surveillance of intelligence and law enforcement agencies against criminals and terrorists. had gone