Criticism Over Pakistani Government’s Phone Surveillance Powers and Historical Context of Privacy Rights

A human rights organization has criticized the Pakistani government for granting its intelligence agency the power to intercept and trace citizens’ phone calls, citing national security concerns, according to a statement by the Human Rights Commission of Pakistan (HRCP).

Historically, the case of Mohtarma Benazir Bhutto vs. the President of Pakistan and others from 1996-97 was significant regarding the right to privacy. The Supreme Court of Pakistan addressed the issue of telephone tapping and eavesdropping in the context of Article 14 of the Constitution, which guarantees the right to privacy.

On November 5, 1996, President Farooq Leghari dissolved the National Assembly and dismissed Prime Minister Benazir Bhutto, citing massive violations of the right to privacy, including phone tapping of judges, political leaders, and high-ranking officials, allegedly ordered by Bhutto. In response, Bhutto and Syed Yousaf Raza Gillani filed a constitutional petition seeking protection of Articles 9, 14, and 17 of the Constitution.

The Supreme Court ruled that the ‘dignity of man’ and ‘privacy of home’ under Article 14 were inviolable and extended beyond physical spaces to public places. The court upheld the President’s order with a majority of 6 to 1, stating that the phone tapping and eavesdropping by Bhutto’s government violated the right to privacy.

The HRCP statement further mentioned that “It is no coincidence that this follows on the heels of an Islamabad High Court order stating that state officials are not authorized to surveil citizens. Given the poor track record of governments and intelligence agencies alike, this measure will invariably be used to clamp down on political dissent through means of blackmail, harassment and intimidation.”

The HRCP also demanded that the government urgently implement checks and balances according to the Fair Trial Act of 2013.