July 5, 2024
by Bilal Baseer
ISLAMABAD
The federal government challenged on Friday the Islamabad High Court’s June 25 verdict concerning the audio leaks cases.
IHC Judge Babar Sattar had declared on June 25 that any form of citizen surveillance is illegal under the law. His order was based on the pleas submitted by Bushra Bibi, wife of former Premier Imran Khan, and Najam-us-Saqib, son of former Chief Justice of the Supreme Court, Saqib Nisar.
He had stated that the federal government is responsible for the surveillance of four million citizens via the state-run Legal Interception Management System (LIMS), and held that the prime minister and cabinet members bear collective and individual responsibility for this mass surveillance.
Justice Sattar required the prime minister to obtain reports from intelligence agencies and present them to the cabinet. The prime minister was also asked to submit a report to the court within six weeks, detailing the legal and constitutional basis for the surveillance – and identifying those responsible for the system’s installation and management.
The federal government, in its appeal filed at the Supreme Court on Friday, argued that the IHC’s decision is contrary to the facts, and granted relief that was not requested.
The government further argued that the IHC’s demand for reports from institutions is an overstepping of its authority. It claimed that the high court cannot conduct fact-finding.
The plea states that the court overreached by taking notice under Article 199; hence, it has requested the Supreme Court to nullify the IHC’s June 25 order.