Govt decision of allowing phone tapping by ISI challenged in IHC

The federal government’s notification allowing spy agency, ISI and other agencies to intercept and record calls and messages of citizens has been challenged in the Islamabad High Court (IHC).

Six members of the Pakistan Bar Council challenged the notification by filing a plea in the IHC, making the IT secretary, Defence secretary, Interior secretary, and PTA secretary respondents.

The petitioners include Shafqat Mehmood Chohan, Abid Zuberi, Chaudhry Ishtiaq, Munir Ahmed Kakar, Tahir Faraz Abbasi, and Abid Saqi.

The petition argues that the notification issued under Section 54 of the Pakistan Telecommunication Authority (PTA) Act is illegal and that the Fair Trial Act 2013 already provides a complete mechanism for such matters.

The petitioners request the court to annul the notification of phone tapping by the ISI and other agencies, declaring it illegal.

The petitioners also plead with the court to declare the notification null and void until the case is resolved.

It is pertinent to note that another plea has already been filed in the Lahore High Court challenging the same notification.

The country’s premier spy agency, Inter-Services Intelligence (ISI), has been mandated by the federal government to intercept and trace phone calls and messages due to perceived threats to national security.

This development coincides with ongoing court proceedings concerning petitions challenging alleged audio leaks involving former prime minister Imran Khan's spouse Bushra Bibi and Najam Saqib, the son of retired chief justice of Pakistan Saqib Nisar.

On June 25, the Islamabad High Court noted the absence of legislation in the country governing phone tapping, implying that current practices are illegal.

The move is also being seen as a precursor to stricter social media regulations, especially since the popular platform X remains banned.