NA Passes Fair Trial Bill to Allow Agencies to Monitor Calls, Emails and More

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187969National Assembly yesterday passed ‘The Investigation for Fair Trial Bill, 2012’, that will empower six law-enforcement and intelligence agencies to tape telephone and mobile calls, monitor emails, and to collect video footage for surveillance of individuals to primitively tackle any incident of crime.

According to the law the role of investigation in terrorism activities would be given to Director-General of Inter Services Intelligence, three Services Intelligence Agencies, Intelligence Bureau and Police.

According to the Bill, the warrant of surveillance or interception to be issued by the judge may authorise and allow the lawful doing of any or all the following acts:

  • Interception and recording of telephonic communication of the suspect with any person and of that person with any other person.
  • Video recording of any person, persons, premises, even, situation etc
  • Interception or recording or obtaining of any electronic transaction, including but not limited to e-mail, SMS etc
  • Interception and taking over of any equipment used in the communication in respect of which the warrant is issued, including but not limited to telephone, cell phone, mobile SIMs, electronic database demonstrating linking of electronic communication with the database belonging to the person in respect of whom the warrant has been issued.
  • Collection of evidence through any modern devices in addition to the ones mentioned above
  • Use of human intelligence
  • Covert surveillance and property interference
  • Access to any information or data in any form related to a transaction, communication or its content.

Only a single warrant by a judge may land you into the scope of monitoring of all above mentioned surveillance for all your private and public doings.

Fair Trial Bill, that supposedly violates basic human rights, is justified by the government by saying that existing laws neither comprehensively provide nor specifically regulate use of advanced and modern investigative techniques such as covert surveillance and human intelligence, wire-tapping and communication interception that are used extensively in other countries, including the US, the UK and India.

Opposition parties showed their reservations on the law and feared that it could be mis-used. However, the opposition agreed to pass the law on a condition that it will not be mis-used by agencies.

  • Milestone achieved in order to bring down the criminals under Justice & to control terrorism

  • M.Aswad Mehtab

    i think there should be a clause that warrant will specify which acts can be done so it is not like agencies going heywire before every one !!

    • you are absolutely right.. there must be at least High Court Orders to be required for such thing to be done… Agreed

  • Shahid Saleem

    “However, the opposition agreed to pass the law on a condition that it will not be mis-used by agencies.”

    They are idiots. It will be misused.

  • Askani

    does it mean that they can access the private videos in mobs storage????

    • this will only target Communication.. not the stored data…
      If you are not Wrong.. you should not Worry…
      e.g. I have access to some data then i am responsible for this…

  • Human Rights are being violated in the name of Security! :S
    Everything could be misused by our so called intelligent interior ministry.

  • majid

    It WILL be misused BECAUSE there is NO punishment for those who can potentially misuse it. And honestly, we can trust ISI more than police. But hey, to monitor some technology, you need to have advance understanding of that technology. I doubt if these monitor will understand anything beyond getting call records hahaahah

  • SSH

    this is only for the citizens, what about ppl like zardari and his filthy team,
    I am sure that missing persons will become a habbit by the Law enforcement agencies.

  • So now we all our terrorists those who are run the Government,those who are ordinary people will be intercepted.

  • “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.” – Benjamin Franklin

  • ALI

    Very Good Decision if they don’t abuse it.

  • Sunan Sahir

    Everyone knows the Quality of protection in Pakistan, its SHO who involved in corruption charges,but freed due to no evidence – most of the SHO, DSP level peoples are involved in Murder – Encounter Cases, i dont know whether its defined in Bill @ what level of Status Officer can access to the record? but i know there is no use – just misuse of such bill.
    we know NA only use Police for their protection – BING BING protocols are just for them, they elected so they are precious gold to the nation to protect with. Who elected are precious too but are stone now after used their Vote Right.
    There must be separate Police Deptt of CIA level who can only access to that Data, not every Ghunda Mawali Police wala can access to anyone record.
    Now One Question ..
    Do i feel safe to make any call/ SMS/ Surfing Net??
    Pakistan is no more a place to live .. Feels its All Over !!

    • You don;t have to fear if you’re using the modern day communication in a right way.
      If you realy feel Pakistan is not safe place to live then u don;t deserve to live here u must go somewhere else.

  • Sunan Sahir

    Ashraf, You said its a bill to bring Criminal to Justice – its country where once the Chief Justice beg for the Justice – so we so called nation; do we expect any justice?
    So many cases i dealt with, but most of the Officers are involved in corruption charges, so is there any concrete way to check & balance over the use of such facility give to such level of Police Wala’s
    Pious people are salt in a flour; wake up NATION!!
    Personally, i took out the record of criminal who involved in Car Theft in Islamabad, when i took this record to Police, they acquire record by thy selves but even after positive result, they don’t wanna move forward unless they pockets filled & Vans fills with Petrol/Diesel/CNG
    So he who seek justice is a like a seller selling mirror in city of blinds :P
    So Cheers if u still feels the same :)

    • Sunan Sahir, the communication interception is not commonly accessable to every policeman. Few agencies are authorized to intercept the communication of those people who mess with our country and our people. If we place such advance system to track down those people who are really danger for our national security then why we have problems.

      Keep in your mind that we already cried many times that law enforcement agencies don’t have latest technology to deal with modern terrorist.

      Don’t be so hopeless at all. We are the citizens of Pakistan & only we can resume
      the peace & quality of justice in our country by collective efforts. no
      body from outsource will come here to stabilize the country.

  • Hamza

    Nothing will happen the thing will continue in the same manner