ISLAMABAD: The Prime Minis­ter (PM) Office “does not interfere” in the domain of intelligence agencies, “keeps an arm’s-length relationship” and expects them “to work under the Constitution and law of the land in the public interest”, the Islamabad High Court (IHC) was informed in response to several questions raised during the audio leak case proceedings.

It would be against the “interest of national security” if the PM Office goes “into operational details and working of premier intelligence agencies”, stated a report submitted to the IHC by the principal secretary to the prime minister.

The report, which also highlighted laws that empower the agencies to carry out civilians’ surveillance, was filed in response to the questions framed by Justice Babar Sattar last week regarding oversight of intelligence agencies.

While hearing the petitions of Bushra Bibi, the spouse of ex-premier Imran Khan, and Najam Saqib, son of former chief justice of Pakistan Saqib Nisar, Justice Sattar came down hard on the federal authorities last week and directed the attorney general for Pakistan (AGP) to take up audio leaks matter with the cabinet in order to devise a legal framework for surveillance.

Govt response to Justice Sattar’s questions in audio leak case filed

“How is electronic surveillance being done, and who is doing it? Who is the competent authority for taking decision of recording phone calls? The Pakistan Telecommunication Authority (PTA) says they have not permitted listening third party conversation to anyone,” Justice Sattar wondered.

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He noted, “The audio of the PM Office, a Supreme Court judge and a former chief justice’s family was leaked. It is a terrible decision to do so without taking the state of Pakistan into confidence.”

At the previous hearing, the court had asked the respondent authorities to “identify the entities and agencies that have requisite technological capability to record telephone calls and/or surveil telecommunication.”

It also sought details of measures taken to investigate “who has undertaken or is undertaking audio recording of conversations of citizens and how such conversations are being released to the public given that such releases are within the knowledge of the federal government”.

Committee, commission

According to the response filed by the principal secretary to the PM, “in context of explaining measures taken to investigate” the audio leaks, the federal government “in September 2022, in view of the cyber security breach in the Prime Minister Office/House, a high-powered committee was constituted by the Prime Minister to oversee investigation into the breach and to suggest measures to secure the cyber space and to ensure electronic security of the public offices of strategic importance.”

The report stated an inquiry commission was also constituted vide cabinet division’s notification dated May 19, 2023, to probe into the veracity of alleged audio leaks which raised serious apprehensions about independence of the judiciary. Led by Justice Qazi Faez Isa, the commission also comprises Balochistan High Court chief justice Naeem Akhtar Afghan and IHC chief justice Aamer Farooq.

The PM Office “does not interfere with the sensitive day-to-day working of intelligence agencies. Being a political-cum-administrative office, the PM Office keeps an arms-length relationship, and does not interfere into key functions of the premier intelligence agencies.”

While discussing the laws that empower the agencies for surveillance of civilians, the report mentioned, “Investigation for Fair Trial, 2013 provides a well-ordained mechanism for grant of permission authorising recording of telephone conversations between citizens”. Also, the Telegraph Act, 1885 provides a mechanism for ‘interception of messages’, besides the Prevention of Electronic Crimes Act, 2016 that also deals with this subject, according to the PM Office.

While referring to various laws and explaining the PM’s Office position in the matter, the principal secretary to the prime minister suggested that the court decide it as “deemed appropriate”.

Published in Dawn, November 7th, 2023