A day after the Shehbaz Sharif-led coalition government empowered the Inter-Services Intelligence (ISI) with enhanced capabilities to monitor and intercept communications, the ruling party on Tuesday defended the contentious move under the banner of “national security.”
The decision, following a high court judge’s reprimand for the “criminal act” of phone surveillance, has ignited a storm of criticism, raising concerns over potential abuse of power and infringement of fundamental rights.
Despite the backlash, the ruling coalition remains resolute in justifying the move to legitimize ISI’s expanded powers. Meanwhile, the Pakistan Tehreek-e-Insaf (PTI) and the Pakistan Bar Council (PBC) have fiercely condemned the notification that grants extensive powers to the intelligence agency under the pretext of national security.
In a sharp critique, PTI questioned the oversight of these broad powers, highlighting the absence of clear parameters to prevent misuse.
PTI vowed to challenge the government’s decision, questioning “who will monitor the misuse of such powers as no parameters have been specified.”
In a statement, PTI vehemently condemned the decision to grant ISI blanket powers to intercept calls and messages, describing it as a blatant violation of the constitution and law, and demanded the Supreme Court immediately annul the notification.
The controversy revolves around a Ministry of Information Technology and Telecommunication notification citing Section 54 of the Pakistan Telecommunication (Re-organization) Act of 1996 as the legal basis for granting ISI authority to tap phones.
“In exercise of the powers conferred under Section 54 … the federal government in the interest of national security and in the apprehension of any offence, is pleased to authorize the officers not below the rank of grade 18 to be nominated from time to time by the Inter-Services Intelligence (ISI) to intercept calls and messages or to trace calls through any telecommunication system as envisaged under Section 54 of the Act,” the notification read.
‘A Fascist Government’
Leader of the Opposition in the National Assembly Omar Ayub criticized the government, stating 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.”
Ayub warned that the move could have serious repercussions, arguing 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.”
He 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.
However, Minister for Law and Justice Azam Nazir Tarar defended the government’s action, arguing that the step enhances anti-terrorism measures and is not intended to infringe on citizens’ rights to liberty and privacy.
Tarar rebuked the opposition, pointing out that the telegraph law has existed since 1996 and questioning why successive governments did not repeal it if it was so problematic. Section 54 (National Security) (1) states: “Notwithstanding anything contained in any law for the time being in force, in the interest of national security or in the apprehension of any offence, the Federal Government may authorize any person or persons to intercept calls and messages or to trace calls through any telecommunication system.”
This means the government has designated a Grade-18 officer from the ISI to oversee the interception of phone calls and other communications.
Addressing the National Assembly, the minister explained that such notifications are periodically issued by the government. He cited incidents such as the assassination of former Prime Minister Benazir Bhutto and DIG Mobeen, where perpetrators of serious crimes were apprehended through lawful interception by intelligence agencies under existing laws.
PBC Alarmed by ‘Sweeping Powers’
The Pakistan Bar Council (PBC) condemned the move, describing the “sweeping powers” as alarming and unjustified.
The bar council noted that the issuance of the notification directly violates fundamental rights and undermines the principles of judicial independence and the rule of law. The timing of the notification was particularly troubling given the ongoing proceedings before the Supreme 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.
The PBC termed the government’s actions “unconstitutional,” arguing that they are deeply disrespectful to the rule of law, arbitrary, and not bona fide, as no criteria for intercepting calls, messages, and tracing have been laid down.
The PBC also criticized the government for failing to provide valid justification and not specifying the circumstances or threats that necessitated such extreme measures, arguing that the lack of transparency and accountability is unacceptable and raises serious concerns about the motives behind it.
Despite the opposition’s backlash, PM Shehbaz’s decision to allow phone tapping is not the first instance where the spy agency has been given legal permission to spy on citizens. During his first tenure as prime minister, PM Shehbaz tasked ISI with vetting government officers.
In June 2022, just months after coming to power by ousting ex-PM Imran Khan via a vote of no-confidence, PM Shehbaz granted the status of a Special Vetting Agency (SVA) to ISI, empowering it to conduct verification and screening of all government officers for induction, important postings/appointments, and promotions.
Surprisingly, the government’s move to legalize surveillance follows a recent ruling by Justice Babar Sattar of the Islamabad High Court in the audio leaks case, which involved allegations from figures including former Prime Minister Imran Khan’s wife, Bushra Bibi, claiming illegal surveillance.
The petitioners claimed that their private phone conversations were recorded and subsequently released on social media to manufacture criminal charges against them and/or to intimidate and blackmail them.
In his judgment, Justice Sattar noted that any surveillance conducted in breach of the Fair Trial Act is a criminal act. He stated that the “Lawful Intercept Management System” installed under the state’s direction and supervision enables mass surveillance of over 4 million citizens simultaneously, making the federal government liable.
“The prime minister and the members of his cabinet are individually and collectively responsible for the existence and operation of any mass surveillance system if it turns out that such surveillance is being or has been undertaken,” Justice Sattar stated.
The court had asked the prime minister to solicit appropriate reports from all the intelligence agencies that ultimately report to him and place the matter before the federal cabinet.
The court ruled that the prime minister must have a report filed on behalf of the federal government regarding whether surveillance in Pakistan breaches the provisions of the Fair Trial Act, Telecom Act, and Telegraph Act, in a manner that undermines Articles 9, 14, and 19 of the Constitution.
Additionally, the judge asked who bears responsibility for installing the Lawful Interception Management System in contravention of the provisions outlined in the Telecom Act and Fair Trial Act and who should be held accountable for implementing a mass surveillance system that violates citizens’ constitutional rights and statutory obligations.
Finally, he raised concerns about the oversight of the surveillance system’s operation and liability for breaches of citizens’ privacy rights, particularly regarding the unauthorized release of data accessed through the Lawful Interception Management System on social media.
