IHC grills govt over veracity of audio leaks

The Islamabad High Court (IHC) has asked the federal government if it has permitted anyone to record the phone calls of citizens, and directed the prime minister’s principal secretary to submit a report in this regard in the next hearing.

A single IHC bench headed by Justice Babar Sattar on Wednesday released the written order pertaining to the hearing of the audio leaks pleas of Najmus Saqib, son of former chief justice Saqib Nisar, and Bushra Bibi, wife of former premier Imran Khan.

On October 30, the IHC had granted a one-month extension to the federal government to submit its reply in the audio leaks case.

According to the written order, the ministries of interior and defence, prime minister’s secretaries and the PTI chairman had submitted their response.

The federal government in the reply stated that the federal government had not authorized any agency to record the phone calls of citizens, however, adding that a warrant from a judge could be obtained for the purpose.

The court ordered that the prime minister’s principal secretary should submit a written report stating whether anyone had been allowed to tap the phone calls of individuals. It further directed the government to submit details if any such measure had been taken.

“The Prime Minster Office (PMO) must tell if orders were given to anyone to record calls; was any agency given the authority to do so; were any warrants sought for anyone? If the government had taken any of these steps, it must inform the court,” the IHC maintained.

The court directed that the PM’s principal secretary could consult the relevant ministries as well as heads of intelligence agencies, hoping that the federal government would submit a detailed report, addressing all the queries, with the IHC.

The judgment further noted that an enemy country’s agency could not have recorded phone calls of Pakistan’s highest office without the latter finding out.

“Pakistan has a capable and functional national security infrastructure. It cannot be believed that an enemy country’s agency managed to record calls of Pakistan’s highest office and the latter did not find out. A non-state actor recording calls of the country’s highest office is also unbelievable,” the IHC order stated.

The court also extended the stay order pertaining to the suspension of notices regarding the appearance of Najmus Saqib before a parliamentary committee and Bushra Bibi before the FIA till December 11.

During the October 30 proceedings, Justice Sattar inquired how the electronic surveillance was conducted and who was carrying it out.

“The Pakistan Telecommunication Authority (PTA) has denied giving anyone such permission, then how were audios of the PMO, a Supreme Court judge and former chief justice’s family leaked?

“Leaking such audios without taking the state into confidence is a grave decision,” remarked the judge, observing that the PMO report stated that it did not look into the day-to-day affairs of intelligence agencies.

Justice Sattar asked who was the competent authority regarding the audio tapes.