IHC bars telecom firms from recording phone calls for surveillance purposes

ISLAMABAD: The Islamabad High Court Wednesday directed telecommunication companies to cease recording phone calls for surveillance, warning that they would be held accountable for any misuse of their equipment for illegal monitoring.

This order was issued as Justice Babar Sattar of the IHC resumed the hearing of a petition concerning an alleged audio leak involving Bushra Bibi, the wife of former prime minister Imran Khan, and Najam Saqib, son of former chief justice Saqib Nisar.

During the session, Justice Sattar questioned the lawyer representing the Pakistan Telecommunication Authority (PTA) about the absence of their response. The lawyer explained that they couldn't submit it due to a holiday.

Additional Attorney General (AAG) Munawar Iqbal Duggal later appeared alone. Justice Sattar inquired under which law citizens' calls were being recorded. The AAG responded that under Section 54, the PTA had the authority to record calls. However, when asked about the legal basis for surveillance, the AAG claimed the legal framework permitted it.

The court demanded clarity on the legal provisions for recording citizens' calls and instructed the AAG to provide a formal response, detailing who authorized the recording of calls. The AAG requested more time to file a response, which led to the judge expressing frustration, noting the petitions were filed in 2023 and questioning the need for additional time.

Justice Sattar emphasized that, according to the government’s own statements, no permission for call recording was granted. He questioned why permission seemed to have been granted despite the Prime Minister's Office, Ministries of Defence and Interior, and PTA denying such authorization.

When AAG Duggal mentioned his previous response was limited to the audio leaks, Justice Sattar directed him to review the relevant sections of the Telecommunications Act. The judge reiterated that illegal surveillance is a crime and warned that telecommunication companies would be held responsible if their equipment was used unlawfully.

The court ordered telecommunication companies to stop recording phone calls for surveillance purposes and adjourned the hearing.