ISLAMABAD: The Islamabad High Court (IHC) came down hard on the federal authorities on Monday, directing the Attorney General for Pakistan (AGP) to take up audio leaks matter with the cabinet in order to devise a legal framework for surveillance.

“How is electronic surveillance being done, and who is doing it? Who is the competent authority for taking decision of recording phone calls? The Pakistan Telecommunication Authority (PTA) says they have not permitted listening third party conversation to anyone,” Justice Babar Sattar remarked during the hearing of the petitions of Bushra Bibi, the spouse of ex-premier Imran Khan, and Najamus Saqib, son of former chief justice of Pakistan Saqib Nisar.

“The audio of the Prime Minister’s Office, a Supreme Court judge and a former chief justice’s family was leaked. It is a terrible decision to do so without taking the state of Pakistan into confidence,” Justice Sattar noted.

The petitions were moved by the son of ex-CJP Saqib who had challenged parliamentary proceeding over seeking bribe from a candidate of Punjab Assembly, and the former first lady who had challenged ongoing inquiry related to her alleged conversation with Zulfi Bukhari, former aide to the then prime minister, for selling Toshakhana gifts.

Govt told to devise legal framework for audio surveillance

While appearing before the court, AGP Mansoor Awan informed the court that the audio leaks in question had not been probed.

He argued the petition filed by Mr Saqib had become infructuous after the dissolution of the National Assembly, as proceedings of the parliamentary committee ended without arriving at any conclusion.

However, Justice Sattar pointed out that Bushra Bibi also had filed a petition challenging the inquiry of the Federal Investigation Agency (FIA) based on her leaked audio.

AG Awan claimed it was still not clear who had recorded the audio and sought an in-camera hearing of the institutions capable of audio surveillance. He admitted that the parliamentary committee should not have started the proceeding on the audio tape of an individual.

The judge remarked [it seemed] as if the audios were recorded without the permission and knowledge of the government.

He asked the attorney general to take up the matter with the prime minister and the cabinet. “There is no legal framework for such surveillance, we cannot allow listening the conversations of offices, chambers by a third party,” Justice Sattar observed, adding that the court would hear the stance of the attorney general at length.

He said the FIA was investigating one leaked audio, without first determining where that audio came from and how was it leaked.

The government for­med a judicial commission related to audio leaks, but even in the terms of reference of that commission, there was no question as to who leaks audios, Justice Sattar pointed out.

Senator Raza Rabbani, amicus curiae of the court, suggested the court that considering the trichotomy of power it should have referred the matter back to the parliamentary committee instead of examining it.

Published in Dawn, October 31st, 2023