Under law of the land on Monday government has principally decided to legitimize country’s top spy agency, Inter-Service Intelligence (ISI) action to trace calls through any telecommunication system in the interest of national security.
A Deputy Secretary of the Ministry of Information Technology and Telecommunication Muhammad Rafiq issued a notification saying , “In exercise of the conferred under Section 54 of the Pakistan Telecommunication (Re-organization) Act, 1996, the Federal Government in the interest of national security and in the apprehension of any offence, is please to authorize the officers not below the rank of grade 18 to nominated from time to time by Inter-Services Intelligence (ISI) to intercept calls and messages or to trace calls through any telecommunication system as envisaged under Section 54 of the Act”.
Samaa TV reported on Tuesday, “The federal government has allowed the country’s top spy agency, Inter-Services Intelligence (ISI), to tap telephones in view of national security and to avert any crime. A notification has also been issued”.
It should be noted that on June 30, Justice Babar Sattar of the Islamabad High Court had ruled in the audio leaks case of the son of former chief justice Saqib Nisar and Bushra Bibi that any kind of surveillance of citizens is illegal according to the law. The federal government is responsible for the surveillance of four million citizens through the system, while the prime minister and the cabinet are collectively and individually responsible for such mass surveillance, he ruled.
The court order said it hoped the prime minister will seek reports from the intelligence agencies and place the matter before the cabinet. The order further said the prime minister will be obliged to submit his report to the court in six weeks regarding the Lawful Management System.
“The prime minister will tell whether the surveillance of citizens is going on against the law and constitution,” the judge declared. He should also tell who is responsible for the installation of Lawful Interception Management System and mass surveillance, as well as who is in charge of the surveillance system that is affecting the privacy of citizens. The court had further directed all telecom companies to submit their reports on the Lawful Interception Management System by July 5.
Section 54 of the Pakistan Telecommunication (Re-organization) Act, 1996:
“National Security.—(1) Notwithstanding anything contained in any law for the time being in force, in the interest of national security or in the apprehension of any offence, the Federal Government may authorise any person or persons to intercept calls and messages or to trace calls through any telecommunication system”.
Sub-section 2 of the Section 54 stipulates, “During a war or hostilities against Pakistan by any foreign power or internal aggression or for the defense or security of Pakistan, the Federal Government shall have preference and priority in telecommunication system over any licensee”.
Sub-section 3 says, “Upon proclamation of emergency by the President, the Federal Government may suspend or modify all or any order or licences made or issued under this Act or cause suspension of operation, functions or services of any licensee for such time as it may deem necessary. Provided that the Federal Government may compensate any licensee whose facilities or services are affected by any action under this sub-section”.
