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Friday October 18, 2024

Federal govt put on notice over plea against surveillance powers of intelligence agency

By Jamal Khurshid
July 23, 2024
The Sindh High Court building facade can be seen in this file image. — SHC website/File
The Sindh High Court building facade can be seen in this file image. — SHC website/File

The Sindh High Court on Monday issued notices to the federal government, ministry of law and justice and others on a petition challenging the federal government’s decision to grant permission to intelligence agencies to intercept citizens’ calls and messages.

Advocate Abdul Ahad had submitted in the petition that the federal government had issued an SRO that empowered BS-18 or above officers of an intelligence agency to surveil citizens in the name of national security.

He submitted that the home department had also issued a notification authorising the agency to nominate an officer not below rank of grade 18 to intercept calls and messages and trace calls through any telecommunication system under the Pakistan Telecommunication Authority Act.

He said the notification issued under the Pakistan Telecommunication Authority (PTA) Act’s Section 54 was illegal and the Fair Trial Act 2013 had a complete mechanism for this matter. He said the Articles 9 and 14 of the Constitution protected the fundamental rights of privacy and dignity of the citizens and the impugned SRO was a clear violation of the constitutional rights of the citizens.

The petitioner requested the high court to declare the impugned notification null and void and abuse of authority. A division bench of the SHC headed by Justice Arshad Hussain Khan after a preliminary hearing of the petition issued notices to the deputy attorney general, ministry of interior, ministry of law and justice and called their comments on August 16.

Missing person case

The SHC issued notices to the Sindh inspector general of police (IGP), Rangers director general (DG) and others on a petition against enforced disappearance of citizen by law enforcement agencies.

Petitioner Sakina had submitted that her son Mohammad Basit was sitting outside his house situated in the Jehangir Road Baloch Para area on June 26 when unidentified personnel of law enforcement agencies whisked him away.

She submitted that her son had been missing since June 26 and expressed apprehension about his life and safety. She submitted that police and law enforcement agencies were not disclosing details of cases, if any, against the detainee and he was not being produced before any court of the law.

She requested the high court to direct the police and Rangers to produce her son before a court and provide details of cases, if any, against him. The SHC directed the advocate general, prosecutor general and others to file comments on the petition on the next date of hearing.