Imran demands commission to probe ‘powerful elements’ behind audio leaks

This is serious breach of privacy guaranteed under Article 14 of the Constitution, says ex-PM

Following the formation of a three-member judicial commission to probe audio leaks, former prime minister Imran Khan on Saturday said that the commission should be empowered to investigate 'powerful and unknown' elements who tap and record telephone conversations of citizens including high public functionaries.

"The federal government has formed an inquiry commission under Section 3 of the Commissions of Inquiry Act, 2017 to investigate into the issue of audio leaks," he wrote on his official Twitter handle.

The Federal Government has formed Inquiry Commission under Section 3 of the Commissions of Inquiry Act, 2017 to investigate into the issue of Audio Leaks. However, the Terms of Reference formed by the Federal Government suffer from a deliberate omission. They fail to take into…

— Imran Khan (@ImranKhanPTI) May 20, 2023

However, he added that the Terms of Reference (ToR) formed by the federal government suffer from a deliberate omission. "They fail to take into account the issue that who is behind unlawful and unconstitutional surveillance of PM office and sitting judges of the Supreme Court."

The commission, he wrote, should be empowered to investigate who are these powerful and unknown elements who tap and record telephone conversations of citizens including high public functionaries. "This is serious breach of privacy guaranteed under Article 14 of the Constitution," he added.

"Not only those who illegally retrieve data through unlawful phone tapping and surveillance should be held accountable but those who through fabrication and tampering of different phone calls leak them on social media also need to be held accountable."

Read more: Imran seeks US help over political crisis in purported audio leak

He said that democracies governed by the rule of law propose that the state should not arbitrarily intrude into certain aspects of life. "Right to privacy and dignity guaranteed under Article 14 are patently infringed whenever the state unlawfully surveils an individual," he wrote.

Imran Khan said that some of the recent leaked calls were made over what was supposed to be a secure phone line in the Prime Minister’s Office.

"Nevertheless, they unlawfully were tapped and fabricated/tampered with. Seemingly, the elements behind such audacious tapping operate in a manner outside the command and even knowledge of the PM of Pakistan," he added.

"Who are these actors who are above the law and outside the command of even the prime minister of the country, and who resort to such illegal surveillance with impunity? Such elements need to be held identified by the Commission," he concluded.

Earlier, the federal government formed a three-member judicial commission, led by Supreme Court senior puisne judge Justice Qazi Faez Isa, to probe the veracity of audio leaks and their impact on the independence of the judiciary.

The decision was made on Friday during the federal cabinet’s meeting. The commission includes Balochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan and Islamabad High Court (IHC) Chief Justice Aamer Farooq.

However, the consent of the judges is yet to be taken.

The commission was formed under Section 3 of the Inquiry Commission Act 2017, which states that “whenever it is expedient to conduct an inquiry into any definite matter of public importance, the Federal Government may, by notification in the official Gazette, constitute a Commission of Inquiry in accordance with the provisions of this Act”.

The commission will probe the genuineness of the audio leaks and their impact on the independence of the judiciary.