Court through the Act of 2013 to show that
wiretapping or intercepting calls can only be
made after a due process has been followed
as prescribed under the said Act and issuance
of warrants by the concerned High Court. It
submitted that even otherwise under the Act
of 1996, the rules were to be made which
included rules for interception and wiretapping
calls which till todate have not been framed
and the same stands admitted by the Federal
Government and is reflected in the order of
this
Court
“Bushra
dated
Imran
Pakistan, etc.
25.06.2024
Khan
Vs.
in
case
of
Federation
of
(W.P No.2758-2023).
It was
further submitted that a similar situation
arose way back in 1998, which led to the
judgment of the Supreme Court of Pakistan in
case reported as “Mohtarama Benzair Bhutto
and others Vs. President of Pakistan and
others (PLD 1998 SC 388), wherein
certain
principles and guidelines were propounded by
the
Supreme
Court
of
Pakistan
for
the
interception of calls or wiretapping. It was
further
contended
that
the
impugned
notification as well as section 54 ibid is ultra
vires the provisions of the Constitution, hence
need to be struck down.
3.
Points raised need consideration. Admit.
Notice.