Mass surveillance
ISLAMABAD: The Islamabad High Court (IHC) has declared that any form of surveillance on citizens is illegal and unconstitutional. In a significant move, the court has asked Prime Minister Shehbaz Sharif to explain who is responsible for the mass surveillance in Pakistan, on Sunday.
The declaration came from IHC Justice Babar Sattar, who issued a written order in response to a plea by Bushra Bibi, the wife of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, and Najamus Saqib, son of former chief justice Saqib Nisar, against the recent audio leaks.
In his written order, Justice Sattar emphasized that the federal government is responsible for the surveillance of approximately four million citizens. He stated that PM Shehbaz and his cabinet members are “collectively and individually” accountable for the mass surveillance operations.
The court has instructed the Prime Minister to submit a detailed report on the legal framework governing the surveillance system within six weeks. This report must clarify whether the surveillance activities are being conducted in accordance with the law and the constitution.
Moreover, the PM is required to identify who is responsible for installing the surveillance system and overseeing the operations that infringe on citizens’ privacy.
The IHC also issued a contempt of court notice to the Pakistan Telecommunication Authority (PTA) Chairman and its members, directing them to respond within six weeks.
The court expressed that the PTA had apparently misinterpreted the surveillance system in its previous report.
Justice Sattar ordered the telecommunication authority to submit their response regarding the surveillance system in a sealed envelope. The PTA must also clarify the location of the surveillance system and identify who has access to it.
Additionally, telecom companies are required to submit their reports on the Lawful Interception Management System by July 5.
They must ensure that their systems are not compromised by the Interception Management System. The court has allowed the federal government to provide additional documents relevant to the case.
Justice Sattar’s order mandates the federal government to submit a comprehensive report on the surveillance system within six weeks. The case is scheduled for a subsequent hearing on September 4, 2024.
In May of the previous year, Justice Sattar had directed intelligence agencies and the PTA to trace the source of the audio leaks, while the Pakistan Electronic Media Regulatory Authority (PEMRA) was instructed not to broadcast unauthorized and leaked conversations of citizens.
Reports from the Intelligence Bureau (IB) and the Inter-Services Intelligence (ISI) indicated that phone calls could be intercepted through mobile apps and viruses, making it difficult to trace the source due to encryption.
Justice Sattar advised the assistant attorney general to file submissions along with the reply to the court notice issued to the IB. Earlier this week, respondents in the audio leaks case, including the IB, Federal Investigation Agency (FIA), PTA, and PEMRA, filed applications seeking Justice Sattar’s recusal from the case.
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