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Pakistan

Larger bench recommended on plea challenging decision of phone tapping by ISI

Application on bench formation sent to LHC CJ

LAHORE (Dunya News) - The Lahore High Court (LHC) has recommended a larger bench formation on a petition challenging federal government decision mandating ISI and other agencies of intercepting phones of citizens. LHC’s Justice Farooq Haider heard the petition filed by former MPA Ghulam Sarwar, remarking that key legal points were raised in the application. The court suggested formation of a larger bench for hearing on this petition.

An application was sent to the LHC chief justice for the formation of a larger bench.

Citizen Fahad Shabbir has filed a petition challenging the notification in the LHC through Advocate Nadeem Sarwar, making the prime minister, the federal government and the Pakistan Telecommunication Authority (PTA) respondents.

The petition argues that the government of Pakistan has issued a notification allowing the ISI to tap citizens’ phones under Section 54 of PTA Act 1996 but the rules have not been devised under which the notification has been issued.

The petitioner contends that the constitution allows the privacy and freedom of speech to citizens. And phone tapping is a clear-cut violation of the constitution according to the Indian Supreme Court, he argues.

The petitioner requests the court to declare the government notification of intercepting and recording calls and messages by ISI or other agencies illegal and annual the notification until final verdict on the plea.

He also pleads that the court direct the government to devise rules of PTA Act Section 54.

ISI MANDATED TO TAP PHONES

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

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

Pakistan Bar Council’s six members has also challenged the notification by filing the plea in the Islamabad High Court, making IT secretary, Defense secretary, Interior secretary and PTA secretary respondents.  

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