On Monday, the Supreme Court suspended the Islamabad High Court’s (IHC) orders in the audio leaks case involving Bushra Bibi, wife of former Prime Minister Imran Khan, and Najam Saqib, son of former Chief Justice of Pakistan Saqib Nisar.
During the hearing, a two-judge bench consisting of Justice Aminuddin Khan and Justice Naeem Akhtar Afghan restrained the IHC from taking further action on the case and declared that the orders issued on May 29 and June 25 exceeded its jurisdiction.
On May 29, IHC Justice Babar Sattar had prohibited telecom companies from recording phone calls and data for surveillance purposes. The directive included: “Until the next hearing, intelligence agencies such as the ISI and IB, as well as police authorities, are barred from surveilling any citizens unless it is in accordance with the Fair Trial Act and authorized by a high court judge’s warrant. Neither the PTA nor telecom companies are permitted to use their services for surveillance or interception of calls or data.”
This order effectively hampered intelligence and law enforcement agencies’ abilities to investigate crimes and monitor terrorism, as it prevented cellular companies from sharing citizens’ data with these agencies.
On June 25, the IHC had reserved its decision on a request from the Islamabad police to permit surveillance of suspects. The IHC later allowed cellular companies to share data related to suspects with police for post-crime investigations but continued to restrict their support for surveillance.
The IHC’s verdict also criticized telecom companies for operating a mass surveillance system that allowed interception of data without proper regulatory oversight or legal procedures, as per PTA’s directives.
Justice Sattar had previously rejected multiple petitions from various authorities requesting his recusal from the case.
The Supreme Court ruled today that the IHC’s orders of May 29 and June 25 were beyond its authority, stating that the court was “not authorized to take suo moto notices.”
The Supreme Court issued notices to Bushra Bibi and Najam Saqib and requested records of the audio leaks case from the federal government.
Justice Khan inquired whether the IHC had determined who was recording the audio, to which Additional Attorney General Munawar Iqbal Duggal responded negatively, noting that the investigation was ongoing.
Justice Afghan expressed frustration, stating, “Unfortunately, in this country, no one seems eager to uncover the truth.” He pointed out that an inquiry commission was established to investigate the audio leaks but that the Supreme Court, under the previous chief justice, had stayed the decision. He lamented the lack of progress, saying, “To this day, no new date has been set in the Supreme Court for the audio leaks case.”
Justice Afghan further questioned, “When Parliament attempted to uncover the truth, it was obstructed as well. If both Parliament and the court are blocked, how will the truth emerge?”
Justice Khan also pondered whether it had been considered that the individuals being discussed in the audio might be responsible for leaking the tapes, given that modern mobile phones have recording capabilities.
