Recording Phone Calls of Citizens is Completely Legal

The caretaker government has informed the Islamabad High Court (IHC) that a legal mechanism for recording telephonic conversations of citizens is in place. However, it deliberately avoids involvement in the sensitive day-to-day operations and crucial functions of intelligence agencies in the national interest.

During the hearing of the audio leak case, the caretaker principal secretary, Dr Syed Tauqir Shah, to the PM submitted a written response on behalf of the government to the questions asked by the IHC, a national daily has reported.

In its response, the government highlighted the PM office’s expectations that the intelligence agencies work within the ambit of the constitution and law.

In response to another question, Dr. Tauqir Shah refused to disclose details about the intelligence agency that possess the technological capacity to record and surveil telecommunication. He argued that it would be against the national interest to talk about the operational details and the inner workings of intelligence agencies.

Furthermore, the written response also mentioned the Investigation for Fair Trial Act 2013, which offers a framework for granting permission to record citizens’ telephonic conversations. It also stressed on the importance of ensuring the confidentiality of such recordings and preventing them from being leaked.

Additionally, the Telegraph Act of 1885 provides a mechanism for acquiring licensed telegraphs and intercepting messages. However, it must be noted it can’t be done without the permission of the federal or the provincial government.

The secretary informed the IHC that a top-level inquiry commission has been formed to fix the responsibility in the audio leaks case. The commission, which includes senior judges, has been tasked to investigate the authenticity of the leaked conversations.

It is worth mentioning that the wife of ex-PM Imran Khan and the son of former chief justice Saqib Nisar had approached the court against the summons from the Federal Investigation Agency and a parliamentary committee on the audio leaks.


  • Any society that give up a little liberty to gain a little security will deserve neither and lose both.
    – Benjamin Franklin


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