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There is no law of phone tapping in place, what is being done it is illegal: IHC

Islamabad High Court (IHC) has remarked in audio leaks case no law regarding phone tapping is in place and what is going on is illegal.
Adjourning the hearing of the case for indefinite period Justice Babar Sattar remarked this is not matter of national security. I reject your plea for in chamber hearing of the case.
Additional Attorney General (AAG) requested repeatedly for in-chamber hearing of the case. Justice Babar Sattar remarked I am not asking national security secret from you. We will not start joke of chamber hearing.
He further remarked people should know why are you intruding in the privacy of the people. Here courts don’t know you are doing what. This is not national security. You cannot say law has been enacted or otherwise.
Justice Babar Sattar heard petitions of Bushra Bibi and Najam ul Saqib against audio leaks.
Additional Attorney General (AAG) Munawwar Iqbal Dogal told the court interior ministry issued one SOP. ISI and IB can obtain data from service providers directly. The other law enforcement agencies can obtain data from these agencies when need arises.
Justice Babar Sattar remarked this SOP has been issued by a section officer. No mention is made about the respective authority. How this power lies with the interior ministry. This SOP was issued under what law. How live location can be shared without warrant. Government decided under what law that you can obtain this data. You did not tell about phone tapping.
AAG told Sindh High Court had directed to provide data to secret agencies in missing persons case.
The counsel for PTA said we have not allowed any one for phone tapping. PTA is conducting surveillance. It is regulator.
Counsel for Islamabad Police told the court to our view there is no ban on obtaining this material.
Justice Babar Sattar inquired can you enter into home of any one without warrants.
The counsel replied neither we conduct surveillance nor do we record but we obtain material after incident takes place.
The court inquired have you ever obtained warrant in 11 years.
The counsel told to our view it is not necessary to obtain warrant to obtain material after occurrence of incident.
The court inquired have Islamabad Police understood it so far that why the need arose for obtaining warrant.
The court inquired who has said to IG not to obtain warrants. Was the parliament fool which had enacted this law. You did not implement it for one time even during 11 years.
Justice Babar Sattar remarked people should know how you are intruding in the privacy of people. Here courts don’t know what are you doing. This is not national security. I reject your plea for chamber hearing.
He remarked obtaining warrant from judge became threat how for national security. Pakistan is not only country which is fighting war against terrorism. This situation arose in several countries in the world after 9/11. Several countries including US enacted laws. They evolved strategy. This is not any rocket science. You cannot say nothing should be asked due to terrorism.
Justice Babar Sattar remarked I am not asking from you who is terrorist. What are their names. Has there role of enemy agency therein. Here several stances were changed in reports. Court could initiate proceedings of forgery. Is it conduct of federal government. Or you should say you are above law.
The counsel for telecom company told the court it is PTA condition to provide data for acquiring license of telecom operators.
Justice Babar Sattar inquired is it known to you about what date is taken.
The counsel said telecom operators know nothing about it. They install this system at behest of PTA.
Justice Babar Sattar remarked you have to bring to record the correspondence of direction of PTA for installation of system.
The counsel said this is condition of license. Even there is any correspondence we bring it to record.
The court record this work is not done verbally. The direction is in details.
Justice Babar Sattar remarked no law is there to allow for phone tapping of any one. What is being done is all illegal. Telecom companies are providing data of citizens without scrutiny then they are equally responsible. I will issue contempt of court notice to PTA chairman and Board members.
PTA said to court they have not allowed any for phone tapping.
The court adjourned the hearing of audio leaks case for indefinite period remarking the next date of hearing will be given in written order.

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