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4. The respondents shall file report and parawise comments/reply, so as to reach this Court before the next date of hearing. Since vires of Federal Statute as well as notification is under question, notice to the learned Attorney General for Pakistan shall also be issued under Order 27-A CPC. CM No.01 of 2024 Notice. CM No.02 of 2024 The exemption sought for is allowed subject to all just and legal exceptions. CM No.03 of 2024 Notice. (CHIEF JUSTICE) *Niqab M*

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Shafqat Mehmood Chauhan etc Vs FOP through secretary M/o information technology etc.

Case Law

Country

Pakistan

Country Location

Latitud: 30.50420402694667

Longitud: 71.31445294618544

Country Location (vinculado Case Law): Pakistan

Case Status: In progress

Case Outcome (Procedural)

Admissible

Keywords

Interception
Privacy
Surveillance

Judicial Body: First Instance Court

Court Name: Islamabad High Court

Case Number: 2215/2024

Case Summary: 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.

Related Law

Pakistan Telecommunication (Re-organization) Act, 1996 (Act no. 17 of 1996)

Source Name and URL: Islamabad HighCourt

Collection

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Shafqat Mehmood vs FOP.pdf
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CYRILLA: Global Digital Rights Law

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