SC suspends IHC order in audio leaks case, bars court from further proceedings

Published
0

The Supreme Court on Monday suspended the Islamabad High Court’s (IHC) orders in the audio leaks case related to Bushra Bibi, wife of former premier Imran Khan, and Najam Saqib, the son of former chief justice of Pakistan Saqib Nisar.

During a hearing today, conducted by a two-member bench comprising Justice Aminuddin Khan and Justice Naeem Akhtar Afghan, the top court restrained the IHC from taking any further action in the audio leaks case and declared that the orders it issued on May 29 and June 25 were beyond its ambit.

On May 29, IHC’s Justice Babar Sattar had barred telecom companies from recording phone calls and data for surveillance purposes.

The court had issued the direction: “Till the next date of hearing the intelligence agencies, including, inter alia, the ISI and IB, and police authorities will not surveil any citizens, except in accordance with requirements of the Fair Trial Act and warrants duly issued by a judge of the high court, and neither PTA nor the telecom companies shall authorise the use of their services or equipment for purposes of any surveillance or interception of phone calls or data.”

The order had virtually handicapped the intelligence and law enforcement agencies (LEAs) in probing crimes and terrorist monitoring as the court stopped cellular companies from sharing citizens’ data with agencies.

On June 25, the IHC had reserved its verdict on the Islamabad police’s request to allow surveillance of suspects.

In a subsequent verdict, the IHC had allowed cellular companies to share with police data related to suspects for investigation in the post-crime scenario, restraining telecom operators from facilitating LEAs with surveillance.

The verdict also noted that telecom companies operating in Pakistan were running a mass surveillance system that “enables interception of data and records of telecom customers” without any regulatory mechanism or legal procedures, on the PTA’s orders.

Justice Sattar had earlier dismissed multiple petitions from different authorities requesting that he recuse himself from the case.

“The IHC’s orders of May 29 and June 25 are beyond its authority,” the SC ruled today, adding that the court was “not authorised to take suo moto notices”.

The SC issued notices to Bushra Bibi and Najam Saqib and also sought records of the audio leaks case at the request of the federal government.

Justice Khan asked Additional Attorney General (AAG) Munawar Iqbal Duggal whether the IHC had determined who was recording the audio, to which the latter affirmed in the negative and said the investigation was still ongoing.

“Unfortunately in this country, no one wants to get to the truth,” Justice Afghan lamented.

He noted that an inquiry commission was formed to investigate the veracity of audio leaks, but the SC, upon the orders of the previous chief justice, had to stay the decision.

“Until today, a date has not been appointed again in the SC for the audio leaks case,” Justice Afghan noted.

“When Parliament tried to find out the truth, it was also blocked,” Justice Afghan said. “If both Parliament and the court are not allowed to work, how will the truth come to light?”

Justice Khan wondered whether it had been considered that those who are being talked to are the ones leaking the audio tapes since every mobile phone has recording capabilities nowadays.

Opinion

Editorial

Muddled hierarchy
Updated 15 Nov, 2026

Muddled hierarchy

The jurisdiction of the two courts and a mechanism for settling disputes between them should be spelt out in law, not left to judges to fight over.
Growing crisis
15 Nov, 2026

Growing crisis

AN emergency can be judged by the speed with which it draws an effective response. The National Population Council’s...
Organised rackets
15 Nov, 2026

Organised rackets

ON the International Day against Transnational Organised Crime, observed today, Pakistan finds itself in a tight...
Referendum talk
Updated 14 Nov, 2026

Referendum talk

Unless the PPP is deliberately using Sindh as a bargaining chip, it should issue a clarification with a clear, consistent position on new administrative units, not one tailored to protect its home turf.
Mineral wealth
Updated 14 Nov, 2026

Mineral wealth

Minerals should not be presented as a solution to Pakistan’s long-term economic difficulties. The aim should be to build an industrial base rather than export raw materials.
Late diagnosis
14 Nov, 2026

Late diagnosis

AS we mark World Diabetes Day today, Pakistan faces a troubling question: how many people are living with diabetes...