TNN - TRIBAL NEWS NETWORK Logo
Home National Legal Experts and Journalists Condemn Government's Phone Tapping Authorization as Constitutional Violation

Legal Experts and Journalists Condemn Government's Phone Tapping Authorization as Constitutional Violation

Legal experts and journalists argue that this declaration violates basic human rights, investigative journalism, and freedom of expression.
By Rifaqatullah Razarwal - 12 Jul, 2024 726
legal-experts-and-journalists-condemn-governments-phone-tapping-authorization-as-constitutional-violation

Lawyers and journalists have expressed strong disapproval of the government's decision to authorize the Inter-Services Intelligence (ISI) to record phone calls and messages, labeling it a breach of fundamental constitutional rights. Meanwhile, the government defends the move as a crime prevention measure.

Federal Law Minister Azam Nazir Tard stated on the floor of the Assembly on Monday that phone tapping would be restricted to terrorism and criminal activities. He assured that the government would safeguard citizens' civil liberties and privacy rights.

He noted that previous governments had also authorized secret agencies to tap telephones under specific declarations.

The government clarified in its statement that under Section 54 of the Pakistan Telecommunications Authority (PTA) Act, 1996, the ISI has been empowered to record telephone calls and messages.

Legal experts and journalists argue that this declaration violates basic human rights, investigative journalism, and freedom of expression.

Also Read: The Hidden Widows and Orphans: The Silent Struggle of Families Left Behind

Peshawar High Court lawyer Sajjad Mehsud told TNN that according to Article 14 of the Constitution of Pakistan, every citizen's personal life and dignity are protected. This provision explicitly mentions the protection of information and communication.

Advocate Sajjad emphasized that Article 14 guarantees the right of citizens to protect their homes, environment, and lives, and no one has the right to infringe upon these rights. Even from a legal evidence perspective, the courts do not have the authority to inquire into someone's personal life.

Sajjad Mehsud stated, "There is no provision in the constitution for what the government has decided because it risks affecting the personal lives of citizens." He further added, "If compared to Article 14 of the Constitution, Section 54 is fundamentally contradictory. Even if this law is enforced, the question remains: who will record the calls, how will they be used, and under what circumstances will they be shared?"

He argued that the federal cabinet does not have the authority to make decisions that affect constitutional fundamental rights. If the government deems it necessary, a constitutional amendment would be required, which is challenging because fundamental rights cannot be altered.

Sajjad Mehsud highlighted the potential negative use of this law in the future, citing past events. "Previously, if someone leaked personal data based on influence, the FIA would take notice and arrest the real culprit. However, after this, it will be impossible to determine who leaked the data."

A government notification issued on July 9 stated that the PTA would be obliged to hand over telephone data to intelligence agencies under a specific system.

Journalists have reacted strongly to the government's announcement, stating that such tactics will negatively impact freedom of expression and investigative journalism.

Nusrat Hussain Tofan, a senior journalist from Charsadda, told TNN that recording telephone calls of citizens, politicians, judges, and journalists is not new in Pakistan, but legalizing this practice now will be detrimental.

"Every journalist has a secret source within some organization who provides information. Based on this information, journalists write to reform the organization. However, if the threat of call recording hangs over the source's head, they will never inform journalists, which will harm investigative journalism," Nusrat Hussain explained.

He emphasized that while there is no disagreement with actions against terrorists and criminals, there is fear of incidents like audio leaks related to the personal lives of politicians, judges, and journalists.

He urged the government to reevaluate this order, warning that if implemented, it could also become a threat to those currently in power.

The Human Rights Commission of Pakistan, a non-governmental organization, expressed concern over this decision in its press release issued on July 10, declaring it unconstitutional.