LAHORE: A single-judge bench of the Lahore High Court (LHC) on Friday recommended the formation of a larger bench to hear a petition challenging federal government decision on allowing ISI to record, intercept and trace phone calls of citizens.
LHC’s Justice Farooq Haider heard the petition filed by a citizen Fahad Shabbir, remarking that key legal points had been raised in the application, suggesting the formation of a larger bench for hearing the petition.
He returned the case file to the LHC chief justice for the formation of a larger bench.
Citizen Fahad Shabbir has filed a petition in the LHC through Advocate Nadeem Sarwar, challenging the notification. He has made the prime minister, the federal government and the Pakistan Telecommunication Authority (PTA) as respondents in the petition.
The petition argues that the government of Pakistan has issued a notification allowing the ISI to tap citizens’ phones under Section 54 of PTA Act 1996 but the rules have not been devised under which the notification has been issued.
The petitioner contends that the constitution allows the privacy and freedom of speech to citizens. And phone tapping is a clear-cut violation of the constitution according to the Indian Supreme Court, he argues.
The petitioner requests the court to declare the government notification of intercepting and recording calls and messages by ISI or other agencies illegal and annual the notification until final verdict on the plea.
He also pleaded that the court should direct the government to devise rules of PTA Act Section 54.
Six PBC members file plea in IHC
A day earlier, six members of the Pakistan Bar Council filed a petition in the Islamabad High Court (IHC), challenging the government’s notification granting the ISI permission to tap citizens’ phone calls.
The petition has named the Secretary of IT, the Secretary of Defence, the Secretary of Interior, and the PTA as respondents.
The Pakistan Bar Council members, including Shafqat Mahmood Chauhan, Abid Zuberi, Chaudhry Ishtiaq, Munir Ahmed Kakar, Tahir Faraz Abbasi, and Abid Saqi have filed the petition.
The petitioners argue that the notification issued under Section 54 of the Telecommunication Act is illegal. They state that the Fair Trial Act 2013 provides a complete mechanism for such matters, and request that the notification granting the intelligence agency permission to tap phones be declared illegal and nullified.
The petition also requests that the notification be suspended until a final verdict on the petition.
ISI MANDATED TO TAP PHONES
The country’s premier spy agency, Inter-Services Intelligence (ISI), was mandated by the federal government to intercept and trace phone calls and messages due to perceived threats to national security on Tuesday.
This development coincides with ongoing court proceedings concerning petitions challenging alleged audio leaks involving former prime minister Imran Khan, spouse Bushra Bibi and son of former chief justice Saqib Nisar.
Pakistan Bar Council’s six members has also challenged the notification by filing the plea in the Islamabad High Court, making IT secretary, Defense secretary, Interior secretary and PTA secretary respondents.
