No agency given authority to tap phone calls, IHC told AGP Awan submits PMO report to court; says any intelligence agency tapping audios doing so unlawfully

In the audio leaks case, the attorney general informed the Islamabad High Court (IHC) on Wednesday that the federal government had not granted permission for audio tapping to any agency, including the Inter-Services Intelligence (ISI), FIA , or any other institution.

“Any government agency conducting such recordings is doing so unlawfully,” AGP Mansoor Usman Awan said as he submitted a report on behalf of the Prime Minister’s Office (PMO).

The IHC was hearing a petition initiated by former prime minister Imran Khan’s spouse, Bushra Bibi. She has sought legal action against a leaked conversation that purportedly included her and her lawyer and PTI leader Latif Khosa.

Presiding over the single-member bench, Justice Babar Sattar remarked that it was now the federal government’s responsibility to decide how they want to proceed with the case. “If the government does not disclose [who is tapping the calls], then we may seek assistance from national and international judicial bodies.”

AGP Awan stated that the PMO maintains that no agency or institution has been given permission for audio tapping. The FIA needs to review the case first to determine who conducted the call recording. “After court orders, the FIA is sending notices to telecommunication companies,” AGP Awan told the court.

“The FIA needs access to IP addresses. If any government agency is conducting these recordings, it is doing so unlawfully,” he reiterated.

The AGP further explained that the ISI has maintained that reports from social media platforms were required to advance the investigations.

Justice Sattar inquired about the actions taken by the Pakistan Electronic Media Regulatory Authority (PEMRA) against TV channels that aired the audio leaks. PEMRA replied that private audio leaks cannot be broadcast on TV channels. They added that they cannot take any immediate action since the matter has been forwarded to PEMRA’s council of complaints for a decision.

Justice Sattar, addressing senior lawyer Aitzaz Ahsan during the hearing, said: “There is a balance between freedom of information and privacy. How should this case be moved forward?”

Aitzaz suggested that self-regulations should be in place, as the Constitution is not being followed here. “The Constitution has not been implemented in 90 days, despite the election announcement.”

The court instructed the AGP to check if there was any news that the Intelligence Bureau (IB) was given the authority to record priviate conversations. To which he said he would check and report back.

The court directed the Pakistan Tehreek-e-Insaf (PTI) ,FIA, and other parties to re-file their responses for the next hearing

IHC orders investigation of leaked audio

At the last hearing, Justice Sattar directed the FIA to investigate where the audio was initially released and submit a report.

Additionally, the court ordered a copy of the application to be sent to the director general of the Inter-Services Intelligence (ISI), seeking a report on who released the audio.

The court also issued notices to the FIA and Pakistan Telecommunication Authority (PTA), seeking their responses to the case. Justice Sattar expressed concern about the airing of private conversations on television channels.

During the hearing, Advocate Latif Khosa argued that the conversation between a lawyer and client was privileged and should not be leaked.

He stated that everyone knew who recorded such conversations.

Justice Sattar quipped: “Big Boss is listening to everything, you should know.” This drew laughter in the courtroom.

He emphasised the need to investigate the source of the leak, asking if the audio had been posted on social media platforms like X.

Khosa pointed out that the audio was aired by all the TV channels, highlighting the widespread dissemination of the leak. He also expressed concern about the lack of privacy in communication.

The leaked audio clip

An audio clip, purportedly featuring Bushra Bibi and Khosa, was circulating on social media, indicating differences within the former prime minister’s family amidst his incarceration.

In the audio clip, Bushra and Khosa can be heard discussing their grievances against Khan’s sisters.

The former first lady recalls a recent incident when Khan’s sisters raised concerns about the handling of a case related to his safety in Attock jail. She went on to say that the presence of the sisters created complications.