In this case, petitioners Abid S. Zuberi and Shafqat Mehmood Chauhan challenged a government notification empowering the ISI to intercept calls and messages under Section 54 of the Pakistan Telecommunication (Re-Organization) Act, 1996, for national security. They argued that this power, granted by a 2024 notification, violated constitutional rights and conflicted with the Fair Trial Act, 2013, which requires High Court warrants for such surveillance. The petitioners also noted that rules for lawful interception under the 1996 Act were never established, and referenced a 1998 Supreme Court judgment that set guidelines for call interception.
The Islamabad High Court admitted the petition for hearing, recognizing the constitutional questions raised. The Court issued notices to the respondents and requested a detailed report and parawise comments. Since the case questioned the constitutionality of a federal statute and notification, the Court also issued a notice to the Attorney General of Pakistan under Order 27-A CPC. The Court will review the legality of the notification and Section 54 of the Act and assess whether they align with constitutional provisions and procedural safeguards established by the Fair Trial Act, 2013.