ISI can't trace source of audio leaks, IHC told

• FIA has to first see who recorded the call, says AGP Mansoor Awan.
• Justice Babar asks if PEMRA effectively functioning as a regulator.
• Aitzaz Ahsan says there should be self-regularisations.

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday said the Inter-Services Intelligence (ISI) in its report stated it can't trace the source of the audio leaks.

Hearing the pleas of former chief justice of Pakistan Saqib Nisar’s son and former prime minister Imran Khan’s wife Bushra Bibi regarding their audio conversation leaks, IHC's Justice Babar Sattar asked why the ISI filed the report through the Ministry of Defence.

At this, Attorney General for Pakistan (AGP) Mansoor Usman Awan replied the intelligence agency should have filed the report through the Prime Minister Office. According to the ISI report, the investigation could proceed only after taking assistance from social media platforms, the attorney general added.

The report of the PMO regarding the audio leaks was submitted to the court by the attorney general.

The AGP said no intelligence agency was allowed to tap audio conversations by the federal government including the ISI, Federal Investigation Agency (FIA) and Intelligence Bureau (IB).

The FIA had to first see who recorded the call, the attorney general said adding that following the court orders, the FIA was writing to telecom companies as it required access to those IP addresses.

“If any government agency is doing this recording, it is doing so illegally,” he maintained.

The Pakistan Electronic Media Regulatory Authority (PEMRA) lawyer said private audio leaks could not be broadcast by TV channels. At this, the court asked what action the PEMRA was taking on the matter.

To which, the counsel apprised the bench that TV channels would not air this kind of audio. "We have sent the matter to the Council of Complaints, they will decide,” the PEMRA lawyer added.

Justice Babar Sattar asked whether the PEMRA was effectively functioning as a regulator. He further asked if the authority had issued urgent instructions to the TV channels. “So, you are saying that you cannot take immediate action, the matter will go to the Council of Complaints,” the court remarked.

The audio conversation between Bushra Bibi and his counsel Latif Khosa that surfaced on November 30 on social media, suggested that there were differences in the incarcerated former prime minister’s family.

Latif Khosa said not once but for the entire day the TV channels continued to broadcast the audio. He said it was a derogatory treatment.

The court observed that on the one hand, there was freedom of information and on the other was the matter of privacy, and how it could be balanced. However, Justice Babar said, it was the responsibility of the state to ensure both.

Counsel Aitzaz Ahsan said there should be self-regularisation, but here even the Constitution was not implemented. He cited the delay in polls as an example.

The court, quoting a news report, asked the attorney general to check if IB was given the authority to record calls. The AGP replied he would look into it and apprise the court.

The IHC directed the Pakistan Telecommunication Authority (PTA) to submit a detailed report at the next hearing. If the government didn't come up with the required information then the court would appoint national and international amici curiae for the purpose, it said.

Ordering the FIA and other institutions to submit their replies, the court adjourned the hearing. “Whoever comes, he says there is no permission to tap calls. Nobody is telling who is doing it and why,” he said.

The court also decided to appoint senior journalists as amici curiae on the matter related to the code of conduct of TV channels.