IHC Grants Attorney General Four Weeks for Response in Audio Leaks Case

The Islamabad High Court (IHC), presided over by Justice Babar Sattar, has granted Attorney General for Pakistan (AGP) Mansoor Usman Awan a four-week period to respond to the court’s inquiries regarding the alleged audio leaks.

The hearing was held on a petition filed by Najam Saqib, the son of former Chief Justice of Pakistan Saqib Nisar, challenging the legality of a special committee to investigate the leaked audio clips.

Judicial Assistant Barrister Aitzaz Ahsan also attended the hearing as an amicus curiae.

The AG’s Standpoint

During the hearing, AGP Awan indicated that the case is concurrently under review in the Supreme Court. He appealed to the IHC to delay its inquiries until the Supreme Court concludes its deliberations.

This appeal was followed by arguments from Sardar Latif Khosa, the petitioner’s lawyer. He emphasized the fundamental rights of Pakistan’s 25 million residents and questioned the legality of forming a judicial commission without the Chief Justice’s consultation. Khosa insisted that such matters should involve the Chief Justice’s input in selecting suitable judges for the inquiry.

In response to the AGP’s request, Justice Babar granted four weeks to address the court’s inquiries. He emphasized these questions’ importance and potential relevance to the Supreme Court’s ongoing deliberations. Consequently, the court suspended the summons issued by the special committee to Najam Saqib until the next hearing, scheduled for August 16.

The Five Questions

The court’s five questions primarily address the extent of parliamentary power to investigate private citizens, the legality of forming a special committee for such investigations, the executive branch’s power to monitor private communications and the boundaries and liabilities associated with such surveillance activities.

1. Does the parliament possess the legal authority to probe the activities of private citizens without public office, or would such action encroach on the executive’s jurisdiction?
2. Is the Speaker of the National Assembly, according to the Constitution and its regulatory rules, authorized to establish a special committee to investigate acts linked to a private citizen not holding a parliamentary membership or public office?
3. Does the Constitution or any statutory law permit the executive, specifically the federal government, to monitor or record private communications? If so, what legal frameworks regulate such actions?
4. Assuming phone call recordings are allowed, which public entity is authorized to do it? How are citizens’ rights to liberty and privacy balanced against the State’s interest in surveillance, and who holds the legal authority for such a balancing act?
5. If no legal approval exists for wiretapping, recording conversations, or conducting surveillance, which public body or agency would be held accountable for invasions of citizens’ privacy rights and disseminating unlawfully recorded private conversations?

Najam Saqib’s Petition

In his petition, Najam Saqib requested that the IHC halt the committee’s proceedings and prevent punitive action. He argued that the leaked audio invaded his privacy and amounted to illegal surveillance. He further questioned the legality of the special committee formed by the NA speaker and alleged that the summons issued by the committee secretary was also illegal.

Despite these claims, the IHC registrar’s office objected to the petition, highlighting that a similar case is already under consideration by the Supreme Court. The registrar also pointed out inconsistencies in the petition, which simultaneously challenges the committee’s notification and the legality of the audio recording.

The Special Committee

The special committee, established by NA Speaker Raja Pervez Ashraf on May 3, investigated an audio clip featuring Najam Saqib. The audio allegedly involves Najam Saqib discussing the sale of a Pakistan Tehreek-e-Insaf (PTI) ticket to a Punjab provincial assembly candidate. Mohammad Aslam Bhootani heads the committee, which consists of multiple assembly members.