- Telephone wiretapping procedure provided for by law: AAG Amir Rehman.
- The Court is not interested in reports or the law, but in results: Justice Amin.
- SC issues notice to Advocate General and adjourns the hearing.
ISLAMABAD: Supreme Court Justice Jamal Khan Mandokhail has termed the existing law allowing spy agencies to tap phones as “ambiguous”, saying the case would also have an impact on ongoing cases.
The SC judge made the remarks during the hearing of the case, conducted by a seven-member constitutional bench on Wednesday.
The incumbent government, in July 2024, gave the green light to the country’s first spy agency, Inter-Services Intelligence (ISI), to intercept and trace calls and messages as part of the apprehension of an attack on national security.
The notification, issued by the Ministry of Information Technology, said permission was granted to the ISI under Section 54 of the Pakistan Telecommunications (Reorganization) Act, 1996.
During today’s hearing, Justice Muhammad Ali Mazhar – one of the seven judges – asked whether any legislation had been implemented regarding wiretapping.
Responding to the question, Additional Attorney General Amir Rehman said the law had been in force since 2013 and the ISI and the Intelligence Bureau (IB) had formally obtained permission to tap phones. “The wiretapping procedure is part of the law, and judicial review is also provided for by law,” he told the court.
Judge Mazhar responded that, according to the law, only a judge can authorize wiretapping. “Has a judge been notified to this effect?” he asked. The AAG responded that it was not aware of the appointment of a judge in this regard.
Justice Amin-Ud-Din Khan told the AAG: “We are not interested in reports or law, we want results. »
Meanwhile, Justice Mandokhail called the wiretapping law “ambiguous”, saying: “The (wiretapping) case will also affect the pending cases.” This matter started from the chief justice’s chamber, where will the chief justice go?
The attorney of record (AOR) noted that it was impossible to establish contact with the petitioner, adding that his lawyer also died last year. The court issued notice to the advocate general and adjourned the hearing.
The federal government’s decision to allow phone tapping was met with strong reactions from opposition quarters and was challenged in the Lahore High Court (LHC).
Earlier in August, the apex court accepted the federal government’s appeal in a case related to audio leaks of Bushra Bibi, wife of PTI founder Imran Khan and Najamul Saqib, son of former chief justice Mian Saqib Nisar and ordered the Islamabad High Court (IHC) to stop the proceedings until further orders.
During the hearing, the AAG had informed the court that intelligence agencies were unable to carry out counter-espionage due to the IHC decision. He added that the High Court exceeded its jurisdiction under Article 199 of the Constitution, contradicting the two verdicts of the top court.
It is worth mentioning that on May 29, Justice Babar Sattar of the IHC banned telecom companies from recording phone calls and data, which disabled surveillance by intelligence and law enforcement agencies against criminals and terrorists.