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Phone tapping permission for ISI challenged in LHC

by Sana Ariff
July 11, 2024
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The federal government’s decision to permit the Inter-Services Intelligence (ISI) to tap phone calls has sparked significant controversy. Mashkoor Hussain, a concerned citizen, has filed a writ petition in the Lahore High Court. Advocate Nadeem Sarwar, representing the petitioner, argues that allowing the ISI to tap phone calls is a severe violation of privacy rights.

Invasion of Privacy

Mashkoor Hussain contends that call tapping invades an individual’s privacy. With advanced communication technology, the right to private telephone conversations at home or in the office is at risk. The petitioner emphasizes that protecting personal communication is essential for individual privacy.

Constitutional Rights

Every citizen’s right to legal protection and fair treatment is guaranteed under Article 4 of the Constitution. The petitioner believes that the federal government’s notification infringes on these rights, warranting judicial intervention.

Legal Framework

Furthermore, the petitioner highlights a significant procedural lapse. The rules for Section 54 of the Telecom Act, which govern phone call tapping, have not been formulated. Without a clear regulatory framework, the federal government cannot delegate its power to any entity, including the ISI.

Mashkoor Hussain requests the Lahore High Court to declare the federal government’s notification unconstitutional and to mandate the formulation of rules for Section 54 of the Telecom Act. This case underscores the need for a robust legal framework to protect individual privacy in the digital age. The Lahore High Court’s decision will be pivotal in balancing national security interests and citizens’ privacy rights.

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