LAHORE: The federal government’s notification allowing the Inter-Services Intelligence (ISI) to tap and intercept phones of citizens has been challenged in the Lahore High Court (LHC) on Wednesday. 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.
The beefed-up powers given to ISI have arrived on the heels of a high court judge’s slap on the wrist over “the criminal act” of phone surveillance, which has sparked a firestorm of criticism amid concerns of misuse of powers and violation of fundamental rights.
The petition filed in LHC also references a ruling from the Indian Supreme Court, declaring phone tapping a breach of constitutional rights. The petition requests the court to invalidate the notification and suspend its enforcement until a final verdict is delivered. It also calls on the government to draft rules under Section 56 of the PTA Act.
While the ruling coalition has dug in its heels, staunchly defending the move to legitimise ISI’s beefed-up powers, the Pakistan Tehreek-e-Insaf (PTI) and the Pakistan Bar Council (PBC) have come out swinging, condemning the notification that grants sweeping powers to the spy agency under the guise of national security.

In a strong rebuke, PTI questioned the oversight of such extensive powers, pointing out the absence of specified parameters to prevent misuse.
Vowing to challenge the government’s move, the former ruling party has questioned “who will monitor misuse of such powers as no parameters have been specified.”
“A fascist government”: Omar Ayub
Leader of the Opposition in the National Assembly Omar Ayub reportedly slammed the government, saying that “only a fascist government would grant an intelligence agency complete authority to tap citizens’ phones”, adding that “[PM] Shehbaz Sharif has practically cut his own throat with this decision.”
The opposition leader said that the move could backfire and could have great consequences, further incorporating that “this SRO will be the tool the ISI uses to blackmail and subjugate all politicians and media persons, including Bilawal Bhutto, Asif Zardari, and Maryam Nawaz”.
The PTI leader announced his intention to challenge the notification in court through his lawyer, Dr Babar Awan. “This SRO is unconstitutional and against the fundamental rights enshrined in the Constitution,” he protested.

PBC alarmed by ‘sweeping powers’
The move hasn’t been well-received by the PBC as it condemned the move and termed such “sweeping powers” alarming and unjustified.
The bar council noted that the issuance of notification directly violates fundamental rights; and undermines the principles of the independence of the judiciary and the rule of law. It noted that the timing of the notification was troubling given the ongoing proceedings before the apex court and the Islamabad High Court (IHC).
“This act by the federal government represents a blatant disregard for the rule of law and judicial independence,” the PBC stated, adding that the notification infringes upon the dignity and security of individuals and violates the right to life and privacy.
Terming the government’s actions “unconstitutional”, the PBC said that it is also deeply disrespectful to the rule of law, arbitrary and not bonafide as no criteria for intercepting of calls, messages and tracing has been laid down.

ISI mandated to tape 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.
Defence Minister Khawaja Asif said the matter of phone tapping was passing through the legal stages. He said it had become necessary in view of national security and its importance had increased in the war the state had renewed against terrorism.

PTI to challenge govt’s decision
The Pakistan Tehreek-e-Insaf says it will move the Supreme Court to challenge the notification, saying “no one’s privacy should be breached.” PTI Chairman Barrister Gohar Ali says the constitution clearly addresses the issue of phone tapping. He emphasises that it is clear that no one’s privacy should be breached.
Speaking to the media at the Parliament House, he noted that while the Supreme Court had set parameters for placing criminal elements under surveillance, the notice issued by the government was a violation of the Constitution. “We have filed an application in the Supreme Court on phone tapping. I request the apex court to schedule the hearing,” he added.
When a journalist pointed out that Imran Khan, during his tenure as PM, claimed that tapping phones was the mandate of the agencies, the PTI chairman denied and said the founder had never made such a statement.