By Staff Reporter
ISLAMABAD: The Supreme Court of Pakistan on Monday set aside Islamabad High Court orders in a case involving leaked audio recordings, citing lack of authority, and restrained the lower court from further action.
The audio leaks case feature secretly recorded conversations allegedly involving Bushra Bibi, wife of former prime minister Imran Khan, and Najam Saqib, son of ex-chief justice Saqib Nisar.
A two-judge bench, comprising Justices Aminuddin Khan and Naeem Akhtar Afghan, restrained the IHC from further action, declaring its May 29 and June 25 orders ultra vires.
The IHC had barred telecom firms from recording calls and data for surveillance, hindering intelligence agencies’ ability to probe crimes and monitor terrorists. On June 25, the IHC allowed cellular companies to share suspect data with police for post-crime investigations, while restricting surveillance facilitation.
The Supreme Court ruled the IHC exceeded its authority and lacked suo moto notice powers.
“The IHC’s orders of May 29 and June 25 are beyond its authority,” the Supreme Court said in its order. “The [high] court is not authorized to take suo moto notices.”
The top court also issued notices to Bushra Bibi and Najam Saqib and sought case records.
The government faces growing criticism over law enforcement and intelligence agencies surveillance practices after audio clips, including those of Khan’s wife, surfaced on social media ahead of the Feb. 8 general elections.
Court hearings revealed the Pakistan Telecommunications Authority (PTA) had directed telecom firms to fund, import, and install a mass surveillance system to access citizen data.
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