IHC unimpressed by govt reply in leaks case

Extends suspension of notice to ex-CJP’s son in phone tapping probe


Fiaz Mahmood September 18, 2023

ISLAMABAD:

The government authorities' claim that they neither record telephonic conversations nor have the capability to do so did not convince the Islamabad High Court (IHC) on Monday. The IHC warned that it would name spy agencies as respondents in the case if the government fails to provide satisfactory responses to its queries.

A single-member bench of the capital's high court was hearing a petition filed by Najamus Saqib, the son of former Chief Justice of Pakistan (CJP) Saqib Nisar. This petition was filed against a parliamentary committee's decision to summon him in connection with a probe into alleged audio recordings.

At the start of the hearing, the presiding judge, Babar Sattar, was informed that the deputy attorney general could not appear in court due to his engagement in the Supreme Court.

However, the Ministry of Interior and the Pakistan Telecommunication Authority (PTA) submitted their written responses, which the court deemed unsatisfactory.

In his remarks, the judge stated that, based on their responses, it appears that government authorities neither record private telephone conversations nor possess the capacity to do so.

"The written responses do not provide answers to the court's questions. This court is exercising restraint and is giving them one last opportunity to respond to its questions. If the government fails to respond, intelligence agencies will be included as parties in the case," he warned.

Lawyer of Bushra Bibi, the wife of former Prime Minister Imran Khan, who had also approached the IHC against alleged phone tapping, informed the bench that his client was continuously harassed by the Federal Investigation Agency (FIA).

"The FIA is summoning Bushra Bibi repeatedly, claiming to record her voice to match with the voice in some alleged audio recordings. This amounts to harassment. We request you to kindly stop the FIA from doing this," Latif Khosa, Bushra's counsel, requested the bench.

Justice Sattar, however, stated that he could not prevent an investigative agency from conducting an investigation. "You can approach the court if the FIA engages in any unlawful activity," he advised.

The judge further noted that it would be redundant to order the agency to follow the law, as all government agencies are obligated to work within the confines of the law. "Nevertheless, if you wish, I can specify in the written order that the FIA must adhere to the law," he offered.

The court later adjourned and further extended the suspension of the parliamentary committee's notice for another month.

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