Human Rights Group Criticizes Pakistan’s New Phone Tapping Powers

The Human Rights Commission of Pakistan (HRCP) has raised concerns over a new government notification that allows intelligence agencies to intercept and trace citizens’ phone calls for national security reasons. HRCP argues that this move violates constitutional rights to liberty, dignity, and privacy.

HRCP’s Statement

In a statement, HRCP said, ‘The notification is in flagrant violation of citizens’ constitutionally protected rights to liberty, dignity, and privacy under Articles 9, 14, and 19. It also contravenes the spirit of the apex court’s ruling in the Mohtarma Benazir Bhutto case.’

Historical Context

The Mohtarma Benazir Bhutto vs. the President of Pakistan case from 1996-97 dealt with the right to privacy. The Supreme Court ruled that phone tapping and eavesdropping violated Article 14 of the Constitution, which guarantees the right to privacy.

In 1996, President Farooq Leghari dismissed Benazir Bhutto from her position as Prime Minister, citing massive violations of privacy through phone tapping. Bhutto and Syed Yousaf Raza Gillani filed a petition claiming the President’s actions were unlawful. The court ruled that the ‘dignity of man’ and ‘privacy of home’ under Article 14 were inviolable, extending even to public places.

HRCP’s Demands

HRCP also mentioned that the new notification follows an Islamabad High Court order stating that state officials are not authorized to surveil citizens. HRCP fears this measure will be used to suppress political dissent through blackmail, harassment, and intimidation. They demand that the government implement checks and balances according to the Fair Trial Act of 2013.