Farooq Naeem—AFP
Attorney General for Pakistan (AGP) Mansoor Usman Awan on Wednesday informed the Islamabad High Court (IHC) that the government has not allowed any intelligence agency to record private audio conversations.
Taking the rostrum during the hearing of a petition filed by former Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan’s wife, Bushra Bibi, seeking action against a leaked conversation between her and lawyer Latif Khosa, he said the Prime Minister’s Office is clear that neither the ISI, nor the FIA or IB are permitted to record private conversations.
Appearing before Justice Babar Sattar, the AGP said the FIA was obligated to determine who had recorded the leaked call. “The FIA is approaching telecom companies under the court’s directives,” he said, adding it requires access to relevant internet protocol addresses to ascertain where the leak originated. “If any agency is recording conversations, then it is doing so illegally,” he maintained, adding the ISI had noted it needed to secure reports from social media platforms to advance its investigation.
Justice Sattar observed that a report issued by the Prime Minister’s Office (PMO) had mentioned the ISI could not trace the source of the audio’s leak and inquired why the agency had filed a report through the Ministry of Defense. The AGP agreed the report should have been submitted through the PMO.
PEMRA’s counsel, meanwhile, informed the court that TV channels were barred from broadcasting private audio leaks. “What action is PEMRA taking then?” asked Justice Sattar, and was told that the regulator had previously issued directives prohibiting the broadcast of such conversations. He said the present matter was pending before PEMRA’s Council of Complaints for further deliberation.
“Have you [PEMRA] issued directions to TV channels in any other case?” he questioned and sought clarification on PEMRA’s stance on the case after referring it to the Council of Complaints.
Bushra’s lawyer Khosa, meanwhile, lamented that TV channels had broadcast the audio leak for an entire day with no repercussions. Justice Sattar remarked that it was essential to ensure a balance between freedom of expression and privacy, adding the state should address this. He then issued orders to the Pakistan Telecommunications Authority to submit a detailed report, and instructed the FIA and others to refile their responses.
“Now it is up to the federal government how they want to run it,” he remarked, adding the court would appoint local and international advisers if the government could not provide the required information. He also directed the AGP to check for any news claiming the IB had the authority to record conversations. “I will check and get back to the court,” Awan informed the judge.
Stressing on the seriousness of the matter, Justice Sattar then adjourned proceedings indefinitely.
Last month, an alleged call between Bushra and Khosa was leaked to media in which they discuss how Khan’s sisters are not happy with his handling of the former PTI chief’s case. After the leak, the former first lady approached the IHC through Khosa, arguing the recording was a breach of privacy ensured by Article 14 of the Constitution.