No spy agency allowed to record phone calls, IHC told

ISLAMABAD:

 

The attorney general for Pakistan (AGP) on Wednesday informed the Islamabad High Court that the government had not granted permission for audio tapping to any institution or spy agency, including the Inter-Services Intelligence (ISI) and Federal Investigation Agency (FIA).

AGP Mansoor Usman Awan further told the IHC that any government agency conducting such recordings was doing so “unlawfully”, as he submitted a report to the court on behalf of the Prime Minister's Office (PMO).

The IHC was hearing a petition initiated by former premier Imran Khan's wife, Bushra Bibi.
In her plea, the former first lady sought legal action against a leaked conversation purportedly between her and her lawyer Latif Khosa.

She cited the principal secretary to the prime minister and secretaries of defence and interior as respondents in the plea filed through Khosa.

Presiding over a single-judge bench, Justice Babar Sattar noted that whoever came to the court claimed that audio tapping was not allowed.

He wondered who was resorting to this action and to serve what purpose.

The judge remarked that it was now the interim federal government's responsibility to decide how it wanted to proceed with the case.

"If the government does not disclose [who is tapping the calls], we may seek assistance from national and international judicial bodies,” he added.

At the previous hearing, the IHC sought reports from the FIA and ISI director general on the audio leak.
The court also ordered the Pakistan Telecommunication Authority (PTA) to submit its response on the plea.

The IHC sought a report from the Pakistan Electronic Media Regulatory Authority (Pemra), expressing its concerns about the airing of private conversations on TV channels.

On Wednesday, AGP Awan presented the PMO’s report and told the court that it made it clear that no agency, including the ISI, FIA, and Intelligence Bureau (IB), was allowed to record any conversations.
He told the court that the FIA needed to review the case first to determine who conducted the call recording.

"After court orders, the FIA is sending notices to telecommunication companies," he continued.
The AGP further told the court that the FIA required access to IP addresses.

The country’s top law officer explained that the ISI had maintained that reports from social media platforms were required to advance the investigation.

The judge wondered that the ISI was saying that it could not trace the source of the leaked audio.

Justice Sattar inquired about the actions taken by Pemra against TV channels that aired the audio leak.
Pemra replied that private audio leaks could not be broadcast on TV channels. It added that it could not take any immediate action since the matter had been forwarded to Pemra’s council of complaints for a decision.

Khosa told the court that the audio leak continued to play on TV channels not only once but for a whole day.

The court decided to appoint senior journalists as judicial assistants on TV channels’ code of conduct.

Justice Sattar, addressing senior lawyer Aitzaz Ahsan during the hearing, inquired how this case should be moved forward as there was a balance between freedom of information and privacy.

Aitzaz suggested that self-regulations should be in place, as the Constitution was not being followed.

"The Constitution has not been implemented in 90 days, despite the election announcement,” he added.

The court instructed the AGP to check if there was any news that the IB was given the authority to record private conversations to which Awan replied that he would check and inform the court.

The IHC later adjourned the hearing, directing the PTI, FIA, and other parties to re-file their responses at the next one.