The Islamabad High Court has ruled that the “Lawful Intercept Management System” used for recording and surveillance in the audio leaks case is illegal on initial examination.
Justice Babar Sattar, presiding over the case, determined that the system enabled access to call data for approximately 4 million mobile users, including government figures, politicians, judges, businessmen, and their families, is unauthorized and unconstitutional.
The IHC’s decision challenges the Pakistan Telecommunication Authority’s (PTA) directive that led mobile companies to implement such surveillance measures.
The court criticized the PTA for repeatedly providing false statements during the proceedings, asserting that it had not permitted surveillance despite mobile companies’ claims of acting under PTA orders. Due to these contradictions, a contempt court notice has been issued against the PTA chairman and its members.
Justice Sattar explicitly stated that the actions of recording and leaking citizens’ communications are unrelated to national security. He referenced high-profile incidents from 2022 where private communications of prominent individuals were leaked online and then circulated through mainstream media.
Furthermore, the court has lifted previous bans on sharing suspects’ call detail records (CDRs) and live locations with police, accommodating requests from law enforcement nationwide. Telecom companies are now temporarily permitted to share this information, adhering to the Interior Ministry’s standard operating procedures until further review.
Additionally, mobile companies have been ordered to deny access to the surveillance system pending the next court hearing, emphasizing that any unauthorized data access violates constitutional rights.
The Islamabad High Court has directed the federal government to produce a comprehensive report within six weeks to identify who is responsible for installing and managing this surveillance system and who should be held accountable for the privacy violations under the Fair Trial Act.
