ISLAMABAD: Former prime minister Imran Khan on Monday challenged the Oct 22, 2022 order of the Supreme Court registrar to return his petition pertaining to alleged surveillance of the PM Office (PMO), the PM House (PMH) and the release of data illegally collected from these offices through a series of audio leaks.

The appeal also requested the apex court to set aside the registrar order and fix the petition before a bench for hearing, preferably on March 8.

“If an early hearing of the case is not granted, the highest offices of the state will remain vulnerable to security breaches,” stated a three-page application moved by Mr Khan. This would only add to the number of ‘sensitive’, leaked audios that continue to be shared on public platforms on a daily basis and were readily available for use by enemies of the state.

The surveillance of the PMO and PMH has been conducted in violation of the statutory law, including the Investigation for Fair Trials Act 2013, Telegraph Act 1885 and Pakistan Telecommunication (Reorganisation) Act 1996 as well as Supreme Court judgment in the 1998 Benazir Bhutto case in which court had deprecated unlawful surveillance, according to the challenge.

IB, FIA, PTA and federal secretaries impleaded as respondents

The application pleaded that the petition pertains to the protection of rights granted by Article 2A, 4, 9, 14, 17, 19, 51, 90, 91 and 97 of the constitution, which continue to be violated as a result of the released of audio tapes.

National security

Such leaks represent a grave failure on part of the government to protect national security and curb the consequences of a breach of national security, the petition contended, adding there was an urgent need to hold the government accountable for their failure in adequately responding to the audio leaks and to ensure this action of leaking audio were thoroughly investigated.

Given the severity and persistence of the threat to the national security caused by these leaks, an early hearing of the present appeal was necessary for the ends of justice, the appellant argued.

In his original petition, filed by Advocate Uzair Karamat Bhandari on behalf of former prime minister, Mr Khan had sought a restraining order against authorities from releasing, sharing, broadcasting or spreading any surveillance data including using audio leaks containing conversations of top political leadership including the chief executive.

Mr Khan also asked the SC to order constitution of a joint investigation team or a commission for undertaking a detailed probe and investigation into the illegal surveillance, recording, retention, custody and release or leaking of the surveillance data with a direction to determine the authenticity of the audio leaks.

He urged the court to supervise the entire process of probe to ensure that JIT or the commission completes its task in a satisfactory manner and that the illegal surveillance was put to a permanent end.

Mr Khan in his petition impleaded the federal government through secretaries of defence, interior, information, and information technology besides officials of Intelligence Bureau (IB), Federal Investigation Agency (FIA), Pakistan Electronic Media Regulatory Authority (Pemra), Pakistan Telecommunication Authority (PTA) and the Inspector General of Police, Islamabad.

According to the petition, the audio leaks were being released to various social media platforms and were being circulated and re-circulated without any kind of check or verification. Many of these audio leaks have been ‘fabricated’ or ‘tampered with’ by trimming, cannibalising or piecing together distinct parts of the conversations to convey an incorrect and inaccurate message, the petition feared, adding that the actual audios could be placed before the court in a USB, along with their transcripts, if so required.

Published in Dawn, February 21st, 2023