Supreme Court Adjourns Hearing on Phone Tapping Case, Issues Notices to Advocate Generals
Islamabad:The Supreme Court’s constitutional bench has adjourned the hearing of the phone tapping case, issuing notices to the Advocate Generals. The case, which is being heard by a 7-member bench led by Justice Ameenuddin Khan, raised significant questions regarding the legality and procedure for phone tapping in Pakistan.
During the proceedings, Justice Muhammad Ali Mazhar inquired whether any legislation had been enacted on phone tapping. The Additional Attorney General responded, stating that a law on this matter has been in place since 2013. According to this law, both the Inter-Services Intelligence (ISI) and Intelligence Bureau (IB) are notified agencies, and the law provides a procedure for phone tapping, which is subject to judicial oversight.
Justice Mazhar, however, pointed out that under the law, only a judge is authorized to approve phone tapping. He questioned whether any judge had been officially designated for this purpose.
Justice Jamal Mandokhel further remarked that the law regarding phone tapping appears to be ambiguous, while Chief Justice Ameenuddin Khan emphasized that the court is not interested in reports or legislation but rather in the actual results of such actions.
The Additional Attorney General also admitted that he was unaware of any judges having been specifically appointed for overseeing phone tapping cases.
Justice Mandokhel observed that the outcome of this case could have far-reaching implications for many pending cases, noting that the issue had originally arisen from the chambers of the Chief Justice, leaving him to wonder how the Chief Justice could proceed in such a matter.
Justice Mazhar also reiterated that the law does not permit indiscriminate phone tapping.
Furthermore, the Advocate on Record (AOR) informed the court that they were unable to establish contact with the petitioner, Major Shabbir, and that Major Shabbir’s lawyer had passed away last year.
After hearing the arguments, the constitutional bench issued notices to the Advocate Generals and adjourned the case for further proceedings.
