The Ministry of Information Technology and Telecommunication has formally empowered the Inter-Services Intelligence (ISI) to intercept and trace telecommunications, citing national security needs. According to the notification issued, officers not below the rank of grade 18, as nominated by the ISI, are empowered to intercept and trace calls and messages through any telecommunication system, prioritizing national defense and security against foreign threats.
This move is substantiated under Section 54 of the Pakistan Telecommunication (Re-organization) Act, 1996, which allows for such measures in the interest of national security or apprehension of any offense.
Law Minister Azam Nazeer Tarar clarified in the National Assembly that this was not a new law but a reinforcement of existing provisions that have been in place since 1996. The minister highlighted that numerous notifications had been issued over the years under this provision, which had been instrumental in intercepting culprits involved in heinous crimes. He also noted that no previous governments had altered this legal provision, suggesting a continuity in policy across different administrations.
In December 2023, during a case related to audio leaks, the Islamabad High Court (IHC) was informed that the government had not authorized any intelligence agency to tap audio conversations. The Attorney General for Pakistan, Mansoor Usman Awan, during the hearing of a petition filed by ex-premier Imran Khan’s spouse Bushra Bibi and Najamus Saqib, son of former Chief Justice Saqib Nisar— who was seeking action against a leaked conversation allegedly featuring her and PTI leader Latif Khosa — stated this position clearly. The former first lady approached the IHC, contending that the recording breached the right to dignity and privacy ensured by Article 14 of the Constitution.
On February 21, Justice Babar Sattar of the IHC emphasized that no state official should surveil citizens without clear legal authorization, and any such actions could be deemed offenses. He further prohibited telecom companies from sharing customer data with agencies without judicial oversight, underscoring the tension between state surveillance powers and individual privacy rights.
