IHC seeks answers on phone surveillance

Expresses displeasure at absence of PEMRA chairman, Intelligence Bureau DG

ISLAMABAD:

The Islamabad High Court (IHC) has once again summoned the heads of the Intelligence Bureau (IB), the Federal Investigation Agency (FIA), and the Pakistan Telecommunication Authority (PTA) in a case related to the illegal recording of private telephonic conversations.

An IHC bench comprising Justice Babar Sattar issued this order on Monday as it resumed hearing the petitions filed by Najam-us-Saqib, son of former Chief Justice of Pakistan Saqib Nisar, and Bushra Bibi, the wife of former prime minister Imran Khan in the wake of the leaking of their alleged telephone calls.

The FIA director-general, Waqar Uddin Syed, appeared in court along with a representative of the Pakistan Federal Union of Journalists (PFUJ), Asif Bashir Chaudhry.

At the last hearing of the case, the court had also summoned the director-general of the IB and the chairmen of the PTA and the Pakistan Electronic Media Regulatory Authority (PEMRA). However, the officials did not appear in court.

Angered by their absence, Justice Sattar asked the state law officer why the court should not issue their arrest warrants. “How did they decide themselves that they couldn't appear in court?” he asked.

The government lawyer informed the bench that the IB director-general was unwell, but the IB’s deputy dg was present in court. The IHC noted that the officers who are unwell should present their medical reports at the next hearing.

Later, the judge asked the FIA director-general to appear in court at the next hearing and explain how surveillance and recording of phone calls take place.

“The director-general of the IB must inform us who can conduct surveillance on the citizens of Pakistan and whether the state of Pakistan has the capability to remain secure from illegal surveillance.

“The PTA chairman should also brief us on the steps that can be taken to secure the calls and data of mobile phone users,” Justice Sattar added. The court later adjourned till the first week of March.

In a reply submitted on Dec 19, 2023, the Federal Ministry of Defence had told the IHC that only a social media platform can tell which user has uploaded a particular content—audio, video, or picture—on it.

The ministry had highlighted that only the FIA has access and power to request such information from these platforms, including Facebook, Instagram, and X.

“Under [Pakistan Electronic Crime Act] PECA, 2016, FIA Cyber Crime Wing is [the] designated agency for [curbing] cybercrimes.

“Under Section 35 of PECA, the FIA has power to access or demand any information in readable and comprehensive format or plain version from service providers [social media platforms]. [The] court may direct [the] FIA cybercrime wing to further investigate the matter and get the details,” it said.

The report stated that various tools are available on smartphones to record phone conversations.
“These tools are cheap and easily available to everyone. Moreover, various groups provide paid services under which they claim to steal data from devices through various means,” it added.

The report noted that a caller can also record his or her phone conversation with someone, and that recorded call can get leaked or hacked.

It said with the advancement in artificial intelligence, it is now possible through various available tools to alter one’s voice or change the content of any conversation. “These tools can be used to mimic someone,” it added.

In its written order issued on December 23, the court had expressed shock at the revelation that the state does not have the capacity to find out who records private telephonic conversations of citizens and how this illegal act is carried out."