Intelligence agencies not allowed to eavesdrop, govt tells IHC

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KARACHI: Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the Islamabad High Court (IHC) on Wednesday that the government had not permitted any intelligence agency to tap audio conversations.

He made this remark during the hearing of a petition filed by ex-premier Imran Khan’s spouse Bushra Bibi seeking action against a leaked conversation, allegedly featuring her and Mr Khan’s lawyer and PTI leader Latif Khosa, Dawn.com reported.

On Dec 6, the former first lady approached the IHC and contended that the recording breached the right to dignity and privacy ensured by Arti­cle 14 of the Constitution. The application, filed in the IHC through Mr Khosa, cited the principal secretary to the prime minister and secretaries of defence and interior as respondents.

At the previous hearing, IHC’s Justice Babar Sattar had sought reports from the Inter-Services Intelli­gence (ISI) director general, the Federal Investi­gation Agency (FIA), and other relevant authorities on the audio leak.

He had also directed the Pakistan Electronic Media Regulatory Autho­rity (Pemra) to submit a “report and response on how a leaked private conversation can be allowed to be transmitted on TV channels”.

At the outset of the hearing, AGP Awan submitted a report prepared by the Prime Minister Office. “The PMO is clear that the ISI, FIA, and IB are not allowed to record any conversations,” he said.

Mr Awan said the FIA was obligated to determine who had recorded the call. “The FIA is approaching telecom companies under the court’s directives,” he said, highlighting that the agency would require access to relevant internet protocol addresses for this purpose.

“If any agency is recording conversations, then it is doing so illegally,” the AGP asserted.

When Mr Awan apprised the court the ISI had emphasised that obtaining reports from social media platforms was crucial for advancing the investigation, Justice Sattar noted that the PMO report mentioned the ISI as claiming they could not trace the source from where the audio was leaked. H

On the other hand, Pemra’s lawyer said TV channels were prohibited from broadcasting private audio leaks. “What action is Pemra taking then?” Justice Sattar questioned.

When PTI leader Latif Khosa said TV channels had broadcast the audio leak throughout the day, calling it a “disgrace”, Justice Sattar emphasised the importance of a balance between freedom of expression and the matter of privacy, stressing that it was the responsibility of the state to ensure the balance.

The judge then asked the PTA to file a report on the matter and directed the FIA and others to refile their responses. Justice Sattar warned that the court would appoint local and international advisers if the government failed to provide information.

Published in Dawn, December 21st, 2023

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