The Islamabad High Court is hearing the audio leaks case, which involves Bushra Bibi and former Chief Justice’s son Najam-ul-Saqib. Justice Babar Sattar is presiding over the hearing of both petitions, which have been combined.
During the hearing, Additional Attorney General Munawar Iqbal Dogal appeared in court. Justice Babar Sattar remarked, “When the federal government submitted its response, the court took it seriously. PTA is saying they are not being given any permission. If surveillance is authorized, show us where it is written.”
In response, the Additional Attorney General said, “If the rules are not made regarding this, then they should be created.” Justice Babar Sattar responded, “Who will make these rules? Under whose authority will they be made? Will the DG ISI, DG MI, and other grade 20 officers be notified about this? Have the institutions notified anything about this?”
The Additional Attorney General replied, “I can check and inform you.” Justice Babar Sattar then stated, “An intelligence officer will make the request. The third stage involves the government minister reviewing the supporting material and granting permission. Privacy is considered in this law.”
The Additional Attorney General suggested, “There should be a review committee.” Justice Babar Sattar noted, “The law has been in place for eleven years, but there is no review committee. Why is there no review committee?”
Once again, the Additional Attorney General said, “I will check and inform you.”
Justice Babar Sattar then asked another question, “Has permission ever been sought from the court under this law for any secret recording? According to the law, every six months, the authorization for such secret recordings should be reviewed. Has any review committee ever been formed?”
He further stated, “Without court permission, phone recordings and the provision of such recordings are punishable offenses.”
Justice Babar Sattar asked the Additional Attorney General, “Are these things included in the terms of the PTA license, or has the PTA provided any policy regarding this? Has this law been followed in the past year or not?”
The Additional Attorney General responded, “I can provide more details. Intelligence people are also present here.”
Justice Babar Sattar, smiling, remarked, “No need to be shy of intelligence people. They are everywhere.”
He further asked, “What action has been taken against illegal telephone recordings? What investigations have you conducted to determine how the audio leaks went viral on social media? If something is uploaded on social media, it can be tracked via the IP address. When asked to track and report, FIA and other institutions said they do not have the capability.”
Justice Babar Sattar remarked, “This shows a failure of the institutions. What is the role of FIA and the police? Why have no FIRs been registered in this matter so far? If a crime happens in a country, will you wait for someone to come and complain before you investigate?”
The Additional Director of Cybercrime stated, “We have written to the social media platform and are awaiting a response.”
Justice Babar Sattar responded, “What if the response doesn’t come for another ten years? What will you do then?”
The Additional Director of Cybercrime said, “An inquiry into the matter is ongoing.”
The hearing highlighted significant issues regarding the legality and authorization of surveillance and recording, the role of intelligence agencies, and the procedures followed by government institutions in such cases. The court is seeking clear answers and actions to ensure privacy laws are upheld and that proper investigations are conducted for any breaches.