By Shahzad Niaz
The recent decision by the government to permit the recording of phone calls has sparked significant controversy, raising concerns over its potential violation of fundamental rights enshrined in the Constitution of Pakistan. The Constitution guarantees freedom of speech and expression (Article 19) and the dignity of individuals (Article 14). Allowing phone call recordings infringes on these rights, leading to self-censorship as individuals fear surveillance. This undermines the free exchange of ideas, critical discourse, and the ability to hold those in power accountable. The awareness of surveillance can stifle public discourse and limit the diversity of opinions, essential for a healthy democracy. Moreover, the ability to monitor and record conversations can be misused to intimidate and silence government critics, undermining democratic accountability.
Recording phone calls without consent invades privacy and erodes personal dignity. It can lead to significant emotional and psychological impacts, such as feelings of vulnerability and anxiety, damaging trust in personal communications. The need for such invasive measures indicates a failure of certain institutions of the State and law enforcement agencies to perform their duties effectively and honestly. If these entities had fulfilled their roles appropriately, there would be no need for such laws. There might be apprehensions that the recorded conversations can be manipulated or used to blackmail individuals, necessitating robust data security measures. Hence, it is imperative for authorities to reconsider this decision and ensure compliance with constitutional protections to preserve democracy, rule of law, and individual dignity in Pakistan.
The government’s move to legislate granting a secret agency the authority to tap phone calls has sparked significant controversy. Opposition Leader in the National Assembly, Omar Ayub Khan, has strongly criticized this legislation, warning that those who endorse such powers may find themselves subject to the same surveillance. He argued that this law could lead to the imprisonment of political figures like Asif Ali Zardari, Nawaz Sharif, Shehbaz Sharif, and Maryam Nawaz. He announced plans to challenge the federal cabinet’s notification on call tapping in the Supreme Court. On the other hand, Defense Minister Khawaja Asif defended the law, stating that it is still undergoing legal processes and is necessary for national security, especially in the context of the ongoing war against terrorism. He noted that the founding chairman of PTI had previously enumerated the benefits of call tapping.
It is deeply troubling that politicians, who have themselves suffered due to such clandestine activities in the past, are now advocating for granting these powers to one of the country’s secret agencies. Firstly, this authority directly contravenes Article-19 of the Constitution, which protects freedom of expression. The Constitution already limits expression that jeopardizes national security, and existing laws address such concerns. Secondly, the Supreme Court, in a 1994 ruling on a petition filed by Air Marshal Asghar Khan, declared agency involvement in politics and phone tapping as illegal and unconstitutional. The concerned state agency had also assured the apex court that it would not engage in phone tapping. Therefore, in light of the Supreme Court’s decision and Article 19, there is no justification for legislating call tapping.
(The writer, is a law graduate with keen interest in national and international affairs, can be reached at news@metro-morning.com)
NOTE: Daily Metro Morning is not responsible or liable for any comment or idea, the writer may portray in this article.
