IHC dismisses possibility of hostile agency, non-state actors wiretapping PMO calls

The Islamabad High Court (IHC) in its detailed order issued of the previous hearing of an audio leak plea observed on Wednesday that an enemy country’s agency could not have recorded phone calls of Pakistan’s highest office without the latter finding out.

“Pakistan has a capable and functional national security infrastructure. It cannot be believed that an enemy country’s agency managed to record calls of Pakistan’s highest office and the latter did not find out. A non-state actor recording calls of the country’s highest office is also unbelievable,” stated the IHC order.

The detailed order had to do with the audio leak pleas of Najamus Saqib, son of former chief justice of Pakistan Saqib Nisar, and Bushra Bibi, wife of former prime minister Imran Khan. Justice Babar Sattar is heading the single-member bench hearing the pleas.

Furthermore, as per the court order, the government informed the IHC that no agency had been permitted to tap or record phone calls.

The information was stated in a report submitted to the high court in compliance with its orders issued at a previous hearing.

According to the detailed order, the court asked who had the power to tap or record citizens’ phone calls? To this, the order stated, the attorney general replied that he would submit a report with the IHC after consulting with the prime minister and federal cabinet.

The secretaries of the prime minister, defence and interior ministers and ex-premier Imran Khan have submitted their replies with the court, the IHC order further maintained.

As per the government’s reply, no agency was given the permission to record citizens’ phone calls, and that a judge is required to sign off on a warrant to do so.

The IHC ordered the prime minister’s principal secretary to submit a detailed reply to the court at the next hearing. “The Prime Minster Office (PMO) must tell if orders were given to anyone to record calls; was any agency given the authority to do so; were any warrants sought for anyone? If the government had taken any of these steps, it must inform the court,” the IHC maintained.

The court further directed that the PM’s principal secretary could consult the concerned ministries as well as heads of intelligence agencies, hoping that the federal government would submit a detailed report, addressing all the queries, with the IHC.

‘Centre given one month’

At a hearing held two days ago, October 30, the IHC granted a one-month extension to the federal government to submit its reply in the audio leaks case.

A single-member bench of the capital’s high court was hearing a petition filed by Najamus Saqib, the son of former chief justice of Pakistan (CJP) Saqib Nisar.

During the proceedings, Justice Babar Sattar inquired as to how electronic surveillance was being conducted and asked who was carrying it out.

“The Pakistan Telecommunication Authority (PTA) has denied giving anyone such permission, then how were audios of the PMO, a Supreme Court judge and former chief justice’s family leaked?

“Leaking such audios without taking the state into confidence is a grave decision,” remarked the judge, observing that the PMO report stated that it did not look into the day-to-day affairs of intelligence agencies.

Justice Sattar asked who was the competent authority regarding the audio tapes.