The Islamabad High Court Justice Babar Sattar has summoned the Directors General of the Intelligence Bureau (IB) and Federal Investigation Agency (FIA) to appear on February 19 in audio leaks case.
The IHC issued a written order—spanning seven pages—highlighting that the Attorney General asserted the federal government's prohibition on any intelligence agency recording telephone calls.
The verdict emphasized the importance of safeguarding citizens' privacy and rights, the order questions the origin of the leaked audio shared on social media.
The FIA requested additional time to respond, prompting the court to demand a detailed report identifying the social media accounts responsible for disseminating the audio leaks. Additionally, the court instructed the DG FIA to appear and clarify the methods and capabilities involved in the surveillance and recording of phone calls.
The IHC has issued notices to the Pakistan Broadcasters Association (PBA) and the All Pakistan Newspapers Society (APNS), seeking their responses on the role of the media in broadcasting illegally obtained videos or audio.
The court has raised fundamental questions about the constitutional implications of recording and broadcasting private conversations of citizens. It seeks clarity on whether such actions are permissible under the Constitution and, if not, the framework for enforcing restrictions in this regard.
In connection with the Audio leaks Commission Case, objections were raised by the Inquiry Commission before the Supreme Court bench.
ISI 'lacks' technology to tape audio
According to the court order, the Inter-Services Intelligence (ISI) submitted a report through the Ministry of Defence, stating a lack of technology to trace the source of information on social media. The court directed the ISI to conduct an inquiry and report on the accounts through which the audio leaks were shared.
The written order stated: “The learned Attorney General further stated that the Inter-Services Intelligence (ISI) has filed a report through the Ministry of Defence. A perusal of the said report reflects that it is ISI’s position that it has no technological capacity to ascertain the source of release of information on social media platforms."
"Let the Intelligence Bureau (IB) also conduct an inquiry and analysis to identify the social media accounts used to release and circulate the illegally recorded voice call and the social media accounts that shared such voice call in view of time stamps of sharing. Let Director General IB have such report filed in three weeks and also appear in person on the -3- W.P. No. 1805/2023 next date of hearing to brief the Court as to who can surveil citizens of Pakistan, how such surveillance is affected and whether the State of Pakistan has the ability to counter illegal surveillance," as per the order issued by the court.
The court mandated a comprehensive report detailing social media accounts involved in sharing illegally recorded calls, while seeking clarification from the DG IB on the capabilities for surveillance on Pakistani citizens. The court also sought insights into the state's ability to protect against illegal surveillance.
