Seven-judge bench issues notices to AGs of four provinces in 28-year-old case. AGP tells court law for phone tapping exists since 2013 that notifies ISI, IB, under judicial oversight. Is any judge notified too, asks Justice Mazhar.
ISLAMABAD - A seven-judge constitutional bench of the Supreme Court of Pakistan on Wednesday expressed serious concerns over existing laws related to phone tapping by intelligence agencies. The bench while questioning the legality of phone tapping in the country issued notices to Advocate Generals of the four provinces and adjourned hearing of the 28-year-old petition filed by former Prime Ministers Benazir Bhutto and Syed Yusuf Raza Gilani against illegal phone tapping.
The bench headed by Justice Amin-ud-Din and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Shahid Bilal conducted hearing of multiple cases.
On an inquiry of Justice Muhammad Ali Mazhar that what sort of legislation is there in the country on phone taping by intelligence agencies, the Attorney General for Pakistan (AGP) responded that a law exists since 2013 that notifies Inter-Services Intelligence (ISI) and Intelligence Bureau (IB) for phone taping. The AGP added that the law for phone taping exists with clear procedure under judicial oversight.
Justice Mazhar remarked that the law allows phone taping only if a sitting judge allows so. Is any judge notified too, he asked. Justice Amin-ud-Din Khan, however, interfered and remarked that the court is not interested in details but in results.
The AGP expressed his ignorance regarding appointment of a judge, on which, Justice Jamal Mandokhail observed that the matter may affect lots of other cases as the issue starts from the Chamber of the CJP. Justice Mazhar remarked that the law doesn’t allow phone taping indiscriminately.
The Advocate On Record (AOR) informed the court that he faces difficulty in tracing and contacting the petitioner Major Shabbir. His lawyer also passed away last year, he added. The court issued notice to Advocate Generals of the four provinces in the issue and adjourned the hearing for a date to be fixed later.
Justice Mandokhel observed that the law regarding phone tapping is ambiguous.
In July, the Ministry of Information Technology and Telecommunication authorised the country’s spy agency, the Inter-Services Intelligence (ISI), to intercept and trace calls in the “interest of national security”.
The ministry’s notification said that the authorisation was granted to the ISI under Section 54 of the Pakistan Telecommunication (Re-organisation) Act, 1996. A day after, however, the government’s decision to allow phone tapping was challenged in the Lahore High Court. Later, the case was adjourned for an indefinite period.
‘SCP disposes of several of petitions’
Also, the Constitutional Bench conducted hearings of a number of cases relating to constitutional matters and rejected most of the petitions for one reason or another.
The seven-member bench expedited the proceedings by fixing petitions for hearing in chronical order and disposing them of mostly for being outdated or not followed by the petitioners.
The court disposed of three petitions regarding alleged rigging in general elections 2024 on the basis of non-following. Petitioners Abdul Qayum Khan, Mahmood Akhtar Naqvi and Mian Shabbir were not present in the court when the proceedings began.
The court, however, adjourned hearing of a petition filed by Founder PTI to be heard after the winter vocations in the SCP.
Counsel for PTI founder Imran Khan appeared before the court and requested to adjourn his petition against alleged rigging in general elections held in February 2024 and the court accepted his plea.
The court also disposed of a petition of former Judge SCP Mazahir Akbar Ali Naqvi against a show cause notice to him by the Pakistan Judicial Commission (PJC). It may be worth mentioning that Mazahar Ali Naqvi was removed by the PJC as Judge SCP on the basis of misconduct.
Counsel for Mazahir Naqvi pleaded before the court that contact with his client was not established and he may be granted time to contact and consult him. The court, however, rejected the petition that no fresh development has been taken in the case and the JC has already announced its judgment.
In alleged elections rigging case, Hamid Khan, representing Imran Khan, was caught off guard during the hearing of a case related to the formation of a judicial commission on alleged election rigging. However, shortly prior to the case being called, Hamid Khan left the courtroom, leading to confusion.
Justice Mohammad Ali Mazhar remarked that the lawyer should be summoned, as the case had already been listed for hearing. Hamid Khan later returned and claimed he was unaware of the case being listed for today, suggesting that the hearing was scheduled for December 12 instead.
Justice Mandokhail corrected him, stating that the notice had been issued to the lead counsel, and that he should remain in contact with them to stay updated.
To further clarify, court staff showed Hamid Khan the cause list, confirming that the case was fixed today (December 11). Hamid Khan then requested the bench to hear the case after winter holidays. The court granting request, postponed the case after winter break.
The bench also postponed the hearing of PTI leader Sher Afzal Marwat’s petition on alleged elections rigging after the winter holidays.
Marwat had also filed a request for the formation of a judicial commission to investigate alleged rigging in the general elections. During the hearing, his lawyer informed the bench that the SC Registrar had raised objections on the petition, but these objections had not been communicated to them. He said that they would present arguments on merit once the objections were resolved. The court remarked that a similar petition had been filed by the founder of PTI, Imran Khan. Following this, the court adjourned the hearing of the petition.