Pakistan
Federation says no one allowed to record audio: IHC
Additional Attorney General said that what the federal government had said it did not grant access was to the extent of ‘that’ audio call.
Islamabad: The Islamabad High Court (IHC) judge Justice Babar Sattar Thursday said that the federal government is saying that they did not allow anyone to record audio.
According to the details, Justice Babar Sattar of IHC heard the petitions of Bushra Bibi and Najam-ul- Saqib against summoning in the audio leaks case.
Bushra Bibi and Najam-ul- Saqib have challenged the summons in the Federal Investigation Agency (FIA) and the parliamentary committee.
The lawyer of the mobile phone companies said that the system is installed, they also have the key, the federal government has the authority, the government and agencies have access to the system, that system is under their jurisdiction, we give Pakistan Telecommunication Authority (PTA) access to the system. They give access to the agency they want, PTA can give a better answer in this regard.
Justice Babar Sattar asked what is your role to trace a mobile? The lawyer replied that he will inform the court about the role of mobile tracing after getting knowledge about it.
The court asked the lawyer of the mobile companies that no one has told me under which law all this is happening? Whether any agency has the authority or not.
Additional Attorney General said that what the federal government had said it did not grant access was to the extent of ‘that’ audio call.
Justice Babar Sattar said: “Mr. Dougal do not say this. The Attorney General has come here and said that no one has been permitted. I have been asking for eight months that under which framework you are working, you are saying this now you were talking about that’ audio call. Four secretaries have submitted their affidavits, if anyone gives false statements to the court, they will have to face the consequences. The agency will not say, you must know who is the authorized agency to whom you are giving access. If an investigating officer asks you for information, will you give it? The court wants to understand the mechanism of the information shared by you”.
The lawyer of Pakistan Electronic Media Regulatory Authority (PEMRA) said that they can only issue an order prohibiting to play such audio.
The court asked PEMRA lawyer whether anyone related to the Chief Justice will continue to do whatever he wants.
Chairman PEMRA said that the Council of Complaints has been activated, there is a meeting on March 29, they can warn the channel immediately under Section-27A.
The court asked that do you have any instructions on the unverified audios that have been being played for two years?
Lawyer Latif Khosa said that the audio was being played over and over again.
PEMRA's lawyer stated that according to the decision of the IHC, we have issued instructions, we cannot take any action until the order of the Council of Complaints.
Justice Babar Sattar added what are you waiting for when the unconfirmed audio is leaked? Two days you keep seeing that unverified content continues to play. No one supports unauthenticated audio playback, private and unauthenticated content is a violation of privacy, such content is also used for blackmailing, how can PTA add legal interception clauses without federal government's permission.
The lawyer of PTA said that the federal government can allow phone tapping on the fear of national security or any crime, it is the authority of the federal government to allow phone tapping and not.
The court continued that the federal government replied that they did not allow legal interception, can telecom operators allow any agency without the permission of the federal government?
PTA's lawyer said that if any such complaint comes to PTA, they will take action as a regulator.
Justice Babar Sattar questioned that there is no problem in allowing the federal government to allow legal interception for national security, do you think that PTA has never corresponded for legal interception? Is PTA providing any facility to any agency?
Chairman PTA told the court that except for legal interception, all the provisions of the license are implemented. He was the key note speaker at the telecom conference in Barcelona last week, 90% of mobiles have virus. Maybe, an Israeli company made a Pegasus software that infects mobiles, it's not difficult, it takes a minute and the mobile can be hacked, if you leave the phone with me and go to the washroom, the data will be lost in that time and full access can be taken.
Lawyer Irfan Qadir said that PTA chairman is saying that illegal interception is an ocean.
Justice Babar Sattar asked that you are saying that all this illegal phone tapping is happening?
The lawyer of the telecom operators said that there is a clause of legal interception in the license policy of PTA, telecom operators are bound by the license policy of PTA.
Justice Babar Sattar asked whether there is any system of legal interception?
The lawyer of telecom operators replied that the system of PTA is installed and its key is with the federal government, if the federal government does not give permission, it will remain like this for the next 30 years. Legal interception of telecom operators has no role, this matter is between the Federal Government, PTA and concerned agency.
Justice Babar Sattar said that someone goes into your data stream and you don't know? Can the system be used without involving telecom operators?
The court directed the counsel of the telecom operators to submit a written report till the next hearing.
Chairman PEMRA Mirza Saleem Baig said that they can issue an advisory in this regard.
The Islamabad High Court adjourned the hearing on the petitions against Audio Leaks Case.