Supreme Court Questions Ambiguities in Pakistan’s Phone-Tapping Law

Islamabad: Justice Jamal Khan Mandokhail of the Supreme Court on Wednesday termed the existing law allowing phone tapping “ambiguous,” as a constitutional bench heard a case challenging its validity.

The controversy stems from a July notification by the Ministry of Information Technology and Telecommunication authorising the Inter-Services Intelligence (ISI) to intercept and trace phone calls in the “interest of national security.” The notification, issued under Section 54 of the Pakistan Telecommunication (Re-organisation) Act, 1996, was challenged shortly thereafter in the Lahore High Court (LHC).

Legal Ambiguities Highlighted

During the hearing before a seven-member constitutional bench headed by Justice Aminuddin Khan, Justice Muhammad Ali Mazhar questioned whether proper legislation exists to regulate phone tapping.

Additional Attorney General Aamir Rehman stated that laws enabling phone tapping have been in place since 2013. He added that both the ISI and Intelligence Bureau (IB) are notified entities, with procedures and judicial supervision enshrined in the law.

However, Justice Mazhar raised concerns over judicial oversight, inquiring, “Has any judge been notified for this purpose? The law does not allow everyone to tap every phone.”

Justice Mandokhail reiterated that the phone-tapping law remains vague, warning, “The phone-tapping case will also have an impact on pending cases.”

Court Seeks Clarity and Results

Justice Aminuddin Khan emphasized that the court is interested in actionable outcomes rather than legal technicalities, stating, “We are not interested in reports or the law, we want results.”

The additional attorney general admitted he was unaware of whether a judge had been nominated for oversight, raising further concerns about the implementation of the law.

Petitioner’s Status and Case Dismissal

The advocate on record informed the court that contact had not been made with the petitioner, Major Shabbir, and noted that his lawyer had passed away last year.

The court subsequently issued a notice to the advocate general and dismissed the hearing.

This case has far-reaching implications, as it raises questions about privacy, judicial oversight, and the potential misuse of phone-tapping laws in Pakistan.