Supreme Court halts Islamabad High Court proceedings in audio leaks case

ISLAMABAD:The Supreme Court (SC) has issued an order halting further proceedings in the audio leak case at the Islamabad High Court (IHC).

The finding came during a hearing on the federal government’s appeal against the IHC’s decision in the Bushra Bibi and Najam-ul-Saqib audio leak case.

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Additional Attorney General (AAG) Amir Rehman appeared in court and stated that the IHC’s May 29 judgment, which prevented authorities from tapping phone calls, had a significant influence on intelligence services’ activities.

In its May 29 judgment, the IHC stated that no state official was permitted to monitor civilians, and anybody doing so or assisting in such an attempt would be “liable for offences.”

“Any such unauthorised surveillance would also be in breach of fundamental rights of citizens guaranteed by Articles 9, 10A, 14 and 19 of the Constitution read with Article 4 and would cause irreparable harm to the liberty, dignity and privacy of the citizens being surveilled” , the court’s ruling concluded.

In today’s session, while justifying the decision, AAG stated that “agencies like ISI and IB are unable to conduct counter-intelligence and apprehend terrorists”.

Justice Aminuddin Khan asked if the high court had discovered who was recording the audio.

According to the AAG, the inquiry is still underway and “no conclusions have been reached yet”.

Justice Naeem Akhtar Afghan voiced alarm over the issue, stating, “Unfortunately, in our nation, no one wants to unearth the truth. An investigation panel was set up to discover the truth, but the Supreme Court stopped it.”

“The audio leaks case has not been scheduled again, and when Parliament attempted to seek the truth, it was also stopped” .

The court questioned how the truth could be revealed if neither Parliament nor the courts were permitted to operate.

Justice Aminuddin Khan said that the audio leak may have been caused by the individual being spoken to.

He wondered whether this aspect had been examined.

The judge remarked that most mobile phones currently have recording capabilities, which should be included in the investigation.

On June 25, the IHC in the audio leaks case found that any phone tapping without a legal procedure was ‘illegal’. The court also refused the extra attorney general’s request for an in-chamber hearing in the audio leaks case.

After granting the federal government’s request for a hearing, the Supreme Court issued notifications to the respondents and halted the IHC’s June 25 ruling.

The Supreme Court today halted the High Court from proceeding with the matter until further notice.

The SC noted that the AAG maintained that the IHC had exceeded its authority under Article 199 of the Constitution, as established by two prior Supreme Court decisions.

It was also noted that the five questions determined during the May 31 high court hearing were not part of the petitioners’ case, and the court lacks the power to undertake investigations.

After approving the federal government’s request for a hearing, the SC issued notices to the respondents and halted the IHC’s June 25 ruling.

The Supreme Court today further prohibited the High Court from proceeding with the matter until further notice.