IHC Bars Telecom Companies From Recording Phone Calls
IHC Bars Telecom Companies: In Islamabad, the Islamabad High Court (IHC) banned telecom providers from collecting data and making phone calls to monitor cases involving audio leaks. In a hearing on the cases of former chief justice Saqib Nisar’s son, Mian Najam ul Saqib, and former first lady Bushra Bibi, who were both affected by audio leaks, a single bench of the IHC presided over by Justice Babar Sattar gave the instructions.
In addition, the judge made it clear how the Pakistan Telecommunication Authority (PTA) is authorized to carry out monitoring operations. According to Additional Attorney General Munnawar Iqbal, the action is being taken within the bounds of legality. While directing the AAG to notify the court formally, Justice Babar inquired about the legal basis for secretly recording telephone conversations. He elaborated by asking who had authorized the practice of phone recording and who had granted approval.
Authorized To Tap Phone Calls Earlier
According to the judge, you previously informed the court that no one could tap phone calls. There will be repercussions if you withdraw from this job at this moment. Additionally, he mentioned that according to the legislation, the federal government has the authority to authorize this, but according to your perspective, it was not approved. Before addressing the petitioners’ cases, the AAG clarified that his previous response had solely dealt with the audio leaks.
When asked about the AAG’s explanation, Justice Sattar said nothing would change if the federal government lied in court. According to him, the Prime Minister’s Office is one of several government agencies responding in court. They claimed that the lawful practice of interception had not been authorized. Please tell us where and how to conduct surveillance if the judge has granted the power to do so. The AAG said that new ones ought to be established without such regulations.
PTA Give A Policy In This Regard
Who would inform the institutions of the norms, and who would make them? Justice Babar wanted to know. After obtaining the court’s authorization, he inquired whether any covert recordings had been made until now. Additionally, he sought clarification from the AAG regarding the potential consequences of recording a phone call without a court order. Was this information included in the PTA’s license, or did they provide a policy? How many times in the last year has this law been enforced?
The court inquired about the next steps and how the audio leaks became popular on social media. Additionally, he raised the question of whether the IP address could be used to trace the social media post. Noting that the FIR had not been registered, the judge voiced his frustration, saying that the inability of the FIA and other institutions to track a post may be seen as a failure on their part.
Barred Telecom Companies From Using Phone Calls
Following this, the court forbade telecom firms from surveilling their customers’ phone calls and data. It warned that they would face legal consequences if their equipment were discovered to be utilized for illegal surveillance. In addition to ordering the attorney general to respond to the court’s inquiries, the bench subpoenaed federal records of covertly recorded talks.
Ahmed Farhad, a poet who went missing in Pakistan, was apprehended in Azad Jammu and Kashmir (AJK) and is presently being held in police custody there, according to the Attorney General for Pakistan, who notified the Islamabad High Court (IHC) on Wednesday. Justice Mohsin Akhtar Kayani heard about the matter involving the hearing’s recovery and noted that a few questions were asked throughout the session. “We have sworn to uphold the basic liberties of all individuals,” he continued.
Once the poet’s whereabouts were determined, Minister of Law and Justice Azam Nazeer Tarar formally requested that the court adjourn the case. Also, “our citizens, children, and security personnel are being martyred,” he said. According to the minister, Parliament should also do its part. The Constitution had defined all government agencies’ authority. Attorney General Mansoor Usman Awan also delivered the report of Police Station Dherkot, AJK, during the event.
According to veteran journalist Hamid Mir, an amicus curiae, he has already sent the court his written submissions. He claimed that Parliament had enacted a bill concerning the missing persons and should have been implemented. According to the Parliamentister of Law, a joint session of Parliament is necessary when a House of Parliament recommends a bill. Justice Kayani remarked that the media had alerted the people.