SHC issued notice against monitoring authority of intelligence agency
Sindh High Court (SHC) issued a notice to the Federal government against the monitoring authority of the intelligence agency. The court sent this notice to the Ministry of Interior, the Cabinet Division, and other parties involved in a petition.
This petition challenged the federal government’s decision to allow the nation’s top intelligence agency to trace and intercept citizens’ communications and calls.
Abdul Ahad Ahmar Khan had filed this petition before the SHC citing the cabinet division, ministries of Interior, information technology, telecommunication, law & justice, and provincial home and law department as respondents.
A two-judge panel, comprised of justices Arshad Hussain Khan and Sana Akram heard this petition. Petitioner Abdul Ahad argued that the Ministry of Information Technology and Telecommunication authorized Inter-Services Intelligence (ISI) to nominate officers not lower than the rank of Grade 18 to trace or intercept calls and messages of any citizen under the PTA Act 1998.
Abdul Ahad is a practicing lawyer. He emphasized that this approval was a blatant violation of Articles 9 and 14 of the Constitution. It protects the fundamental right to privacy and dignity.
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He claimed that the PTA Act of 1998 grants the intelligence agency unregulated, uncontrolled, and unchecked powers effectively in unrestricted license. It also violates the fundamental rights of common citizens under the justifications of national security and perceived offense.
Petitioner also gave an example of the United Kingdom. He stated intelligence services are only allowed to use interference equipment under a warrant signed by the secretary of state and approved by a judicial commissioner. This provision is available under the Investigatory Powers Act 2016.
According to the petitioner, the same provisions are also available in the United States. Following these arguments, SHC issued notice to all corresponding authorities including the deputy attorney general and advocate general. It also summoned all authorities on this matter on August 16, 2024.
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