ISLAMABAD: A seven-member bench of the Supreme Court of Pakistan (SCP) has expressed significant reservations regarding existing phone-tapping laws, emphasizing their potential misuse. The bench, headed by Justice Amin-ud-Din Khan and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal, issued notices to the Advocate Generals of all four provinces during a hearing on Wednesday.
The case stems from a 28-year-old petition filed by former Prime Ministers Benazir Bhutto and Syed Yusuf Raza Gilani, challenging the legality of phone surveillance by intelligence agencies. Responding to Justice Mazhar’s query about existing legislation, the Attorney General for Pakistan (AGP) stated that a 2013 law permits phone tapping by the Inter-Services Intelligence (ISI) and Intelligence Bureau (IB), contingent on judicial oversight.
Justice Mazhar underscored that indiscriminate phone tapping is impermissible under the law, which requires judicial approval for surveillance. However, he inquired whether any judge had been formally notified in such cases, to which the AGP admitted ignorance. Justice Mandokhail remarked on the ambiguity of the current law, observing that the issue holds far-reaching implications for other cases.
The court also examined a July notification by the Ministry of Information Technology and Telecommunication, authorizing the ISI to intercept calls under Section 54 of the Pakistan Telecommunication (Re-organisation) Act, 1996, in the “interest of national security.” This decision was subsequently challenged in the Lahore High Court but remains unresolved.
Meanwhile, the SCP bench expedited hearings on other constitutional matters, disposing of several outdated petitions. Three cases alleging rigging in the February 2024 general elections were dismissed due to non-compliance by petitioners. The bench also rejected former SCP Judge Mazahir Akbar Ali Naqvi’s petition against his removal by the Pakistan Judicial Commission for misconduct, citing the absence of new developments.
Petitions filed by PTI founder Imran Khan and PTI leader Sher Afzal Marwat, both concerning alleged electoral rigging, were deferred until after the winter recess. The court accepted the plea of Imran Khan’s counsel, Hamid Khan, who sought additional time for preparation, citing scheduling confusion.
The bench reaffirmed its commitment to resolving constitutional issues efficiently while emphasizing the need for legislative clarity on phone-tapping practices. Further hearings are expected in early 2025.
