ISLAMABAD  -  The federal government yesterday backtracked before the Islamabad High Court (IHC) from its earlier stance that it had not provided any authorization for legal intercepts. After retreating its earlier stance, the government informed the IHC that intelligence agencies have access to phone recording system through the Pakistan Telecommunication Authority (PTA).

It was stated before a single bench of IHC comprising Justice Babar Sattar who conducted hearing of the peti­tions of former chief justice of Pakistan Saqib Ni­sar’s son Mian Najam-us-Saqib and former prime minister Imran Khan’s wife Bushra regarding their audio conversation leaks. During the hearing, the counsel for telecom operators appeared before the court and said that the recording system is in­stalled, and the PTA has its key. He added that the government and agencies have access to the system as it is under their jurisdiction

The counsel further said that they have given access to the system to the PTA and the authority can give ac­cess to whichever agency it wants adding that the PTA was in a better position to answer the court’s queries. The additional attorney general (AAG), however, in­formed the court that the government had not given any such permission for the concerned calls.

At this, Justice Sattar expressed his annoyance over the AAG’s reply and told him that this was not the correct manner to argue the case. He said that the prime minister, attorney general, as well as three additional secretaries, submitted their replies stat­ing that no permission was given to tap phone calls. He said that now you are informing the court that your reply was limited to this case only.

Justice Babar remarked that the court repeated­ly asked the federal authorities to inform it if there exists a system under which these calls were be­ing recorded and warned of consequences if a false report was submitted to the court. He asked that under which law all this is happening? He further asked that he had been asking you for the past eight months under which framework have you been op­erating. Should you not know which competent agency is being granted access to it?

The Chairman PTA informed the bench that 90 per cent of mobiles have spyware through which their cameras can also be operated. He added that an Is­raeli company made a software called Pegasus that infects a mobile. He explained that hacking a phone was not a difficult task and maintained that all it takes is a minute. He also said that if you leave the phone with him to go to the washroom I can con­nect my phone to yours and acquire full access to it in the meantime. Responding to the PTA chairman’s statement, the judge asked him if he was telling the court that all the phone tapping was being done ille­gally. The counsel representing telcos informed the court that a legal provision exists within the license policy which allows interception of phone calls and the telecommunication providers are bound by the policy. He added that telcos themselves play no role in call interception.

The judge then asked whether any system exists for legal interception, to which the counsel replied that a system from PTA is installed and the authori­ty to use lays with the federal government.