Whether Constitution allows recording of citizens’ calls, IHC asks AGP

Latest Jun, 1 2023
Whether Constitution allows recording of citizens’ calls, IHC asks AGP
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ISLAMABAD: Islamabad High Court (IHC) sought assistance from Attorney General of Pakistan regarding recording of telephonic conversations of private people and releasing audiotapes.

IHC’s bench appointed senior lawyer Aitzaz Ahsan, Mukhdoom Ali Khan, former Chairman Senate, Senator Raza Rabbani and Mohsin Shahnawaz Ranjha as amicus-curiae and served notices to them for assistance in matter.

IHC questioned that if Constitution and law permitted surveillance of telephonic calls of citizens and secretly recording it. If it was permitted then which authority was responsible to tape conversations and what was its mechanism, it asked.

Court asked that what safeguards were in order to keep audiotapes as secrete and avoiding its misuse.

It further questioned that if audio recording and its release was not permitted in law then which authority was responsible to violate privacy of citizens.

IHC also raised question that if Parliament was authorised to conduct an inquiry regarding matter of private person and whether NAB’s speaker could form special committee on it.

Court order said that it was not suspending notification for formation of special committee in respect of Parliament. However, it said that summon notice of special committee to petitioner Najamu Saqib would remain suspended till May 25.

Court instructed petitioner to name Ministry of Interior, Ministry of Defence and Pakistan Telecommunication Authority as respondents in petition. Court sought para-wise written comments from respondents including Secretary National Assembly in case.

Justice Baber Sattar issued seven-page judgment regarding last day hearing on petition filed by former Chief Justice Saqib Nisar’s son Najmu Saqib challenging formation of special committee by Speaker National Assembly to probe his alleged audiotape containing his conversation with PTI’s ticketholder.

Published in The Daily National Courier, June, 02 2023

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