LHC seeks larger bench for surveillance plea

A Lahore High Court (LHC) judge on Monday referred a petition challenging a government notification allowing the Inter-Services Intelligence to surveil phone calls of citizens to the provincial high court’s chief justice for formation of a larger bench.

Justice Farooq Haider of the LHC was hearing the petition filed by the Judicial Activism Panel—a non-governmental organization. The petition contended that the federal government’s decision allowing spy agencies to tap citizen’s phones is illegal and unconstitutional.

“Before taping the phone calls, it is binding to get the permission of the courts but it would be illegal if it is done without the court’s permission,” it said.

After hearing initial arguments by the petitioner’s counsel, Justice Haider referred the matter to LHC Chief Justice Aalia Neelum with the request to place it before a larger bench. Justice Haider also proposed to club the plea with other petitions of similar nature.

Against the backdrop of the Islamabad High Court’s (IHC) proceedings against surveillance of citizens, the Ministry of Information Technology and Telecommunication on July 8 authorized the ISI to intercept and trace calls in the “interest of national security”, a notification issued in this regard said.

The ministry’s notification said the authorization was granted to the ISI under Section 54 of the Pakistan Telecommunication (Re-organisation) Act, 1996.

“In exercise of the powers conferred under Section 54 … the federal government in the interest of national security and in the apprehension of any offence, is pleased to authorise the officers not below the rank of grade 18 to be nominated from time to time by the ISI to intercept calls and messages or to trace calls through any telecommunication system as envisaged under Section 54 of the Act,” the notification read

The government on July 5 challenged the IHC interim order seeking a response from the prime minister on installing a mass surveillance system, stating that it breaches the constitutional rights of citizens.

Instead of waiting for a final order, the government approached the Supreme Court against the June 25 order, passed by IHC Justice Babar Sattar, who is hearing a case related to the leaking of alleged telephonic conversations of private individuals.

In its written order, issued after the June 25 hearing, the IHC noted that the federal government had granted no permission under the Telegraph Act or the Telecom Act to any agency—security or intelligence—or person to record audio calls or surveil citizens.

“The federal government, as well as law enforcement and intelligence agencies across Pakistan, have never once sought a warrant for surveillance under provisions of the Fair Trial Act.