Audio leaks case: Only federal govt can allow phone tapping, IHC told

ISLAMABAD: The federal government can allow phone tapping on the grounds of national security or fear of any crime, but allowing phone tapping is the authority of the Centre and not the Pakistan Telecommunication Authority (PTA), the PTA’s counsel told the Islamabad High Court (IHC).

The IHC’s Justice Babar Sattar remarked that there is no problem if the federal government allows legal interception for national security, but the Centre has already stated that it gave no permission for legal interception.

The court asked if telecom operators can allow an agency to tap phones without the permission of the federal government, and directed the law officer to file a written response on the issue.

Justice Sattar heard the petitions of Bushra Bibi and Najamul Saqib regarding the audio leaks case. The lawyer for telecom operators said that there is a legal interception clause in the PTA’s licence policy, and that telecom operators are bound by that policy.

The court asked the law officer if there is any system of legal interception. The counsel replied that the PTA’s system is installed, and the key of the system is with the federal government.

He said if the Centre does not give permission, it will remain in the same condition for the next 30 years. Telecom operators have no role in legal interception, as this is a matter between the federal government, the PTA and the agency concerned, he added.

Justice Sattar remarked that the Centre had said they had not given any permission for legal interception. The court asked if the system can be used without involving telecom operators, if someone gets into your data stream and you do not know about it.

The additional attorney general said that the federal government’s reply in the report that access was not given to any agency was related to that specific voice call.

The court took exception to the statement of the law officer, observing that he cannot make such a statement because the attorney general had categorically stated that no permission has been given to anyone.

The court observed that the authorities concerned have been asking for the past eight months which framework they are working under, and now the law officer states that he is talking about that specific voice call.

The court also observed that four secretaries have filed their affidavits in the case, and in case of a wrong statement, they would have to face the consequences.

The PTA chairman claimed that 90 per cent of the mobile phones have viruses, and the phones’ cameras can also be hijacked for using them.

Referring to a software made by an Israeli company that affects mobile phones, he said that it is not a difficult task, as a mobile phone can be hacked within a minute. He said a mobile phone’s data can be accessed during the time one leaves their phone unattended to go use the toilet.

The Pemra chairman said the Council of Complaints has become active, and a meeting in this regard is scheduled to take place on March 29, so the authority can immediately warn the TV channel under Section 27A.

Pemra’s counsel said that instructions have been issued according to the decision of the IHC, but Pemra cannot take any action until the decision of the Council of Complaints is received.

The court asked what they are waiting for when an unconfirmed audio clip has already been broadcasted.

The court observed that no one supports unconfirmed audio clips, and not only is their broadcasting a privacy violation but they can also be used for blackmailing. The court directed telecom operators to submit their replies on the next date of hearing.