KARACHI, July 23: The Intelligence Bureau seems to have reneged on its assurance to the apex court regarding the removal of sophisticated bugging devices from the Sindh High Court and from the residences of its judges.
On July 17, the 13-member larger bench of the Supreme Court, which recently reinstated Chief Justice Iftikhar Mohammad Chaudhry, gave the top spy agency one week to complete the debugging process. The deadline, which was set at the request of the IB, expires today (July 24).
“No one has so far contacted me in this regard [for the removal of listening devices]. However, we have already issued a circular barring all unauthorised intelligence operatives from the court, in compliance with a Supreme Court order communicated to us recently,” the Sindh High Court registrar, Abdul Malik Gaddi, told Dawn on Monday.
Mr Gaddi said he was unaware of any court order directing the IB to sweep the residences and chambers of the judges of the Sindh High Court for bugs. However, he hastened to add that every court order would be complied with.
The Supreme Court order that Mr Gaddi alluded to was issued on July 2 by the larger bench. Incensed by the placement before the court of highly “scandalous and vexatious” material by a low-ranking state lawyer, the larger bench clamped a ban on the unauthorised entry of intelligence operatives to superior courts’ offices.
The bench also instructed the director-general of the IB to sweep the Supreme Court and the residences of all the judges for bugging devices and file a sworn affidavit within a week.
On July 16, the Attorney General of Pakistan informed the larger bench that in its report, the IB had confirmed that the inspection of the chambers, courtrooms and residences of all SC judges had been completed, except those of Justice Khalil-ur-Rahman Ramday and CJP Iftikhar Muhammad Chaudhry which would be accomplished soon. However, he said, additional time was required to carry out the exercise in the four provincial high courts. As a result, the deadline was extended to July 24.
The July 2 order reads: “The Director General of the Intelligence Bureau is ordered to have an inspection of the premises of this court as also the premises of the residences of the judges of this court, carried out regarding the availability of any bugging instruments or devices therein and shall then submit a personal affidavit within one week whereafter the DG of the IB of Pakistan shall file the said affidavit so as to be available before this court of 9.7.2007.”
Refusing to see eye to eye with the Sindh High Court registrar, the president of the Supreme Court Bar Association, Muneer A. Malik, said that the apex court had issued clear orders to the IB spymaster.
“The Intelligence Bureau director-general was directed to sweep the chambers and residences of the judges of the Supreme Court and the four high courts. There is no ambiguity about it,” he argued. After all, he pointed out, the Intelligence Bureau had itself sought a one-week extension to the deadline for removing bugging devices from the high courts.
Mr Malik told Dawn that he feared that the spy agency may delay the submission of its report to the Supreme Court following reports of resignation by Attorney-General Makhdoom Ali Khan, who has also been pilloried by the press for preparing an untenable presidential reference against the chief justice.
He vowed that the SCBA would invoke the constitutional jurisdiction of the Supreme Court if the court directives on debugging were not implemented.