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 the audio leaks involving him.
In this matter, a single bench of IHC comprising Justice Babar Sattar conducted hearing of the petition moved by Najam through his counsels Sardar Latif Khosa and Shoaib Shaheen Advocate. The petitioner cited Federation of Pakistan through Secretary Ministry of Parliamentary Affairs and Speaker National Assembly and the Chairman of the Special Committee as respondents.
According to the responses filed by them, no permission has been granted to any agency to intercept or record phone calls of citizens.
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 authorizes 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 authorizes the federal government the federal government to authorize 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.
