The Pakistan Bar Council (PBC) has challenged in the Islamabad High Court (IHC) the federal cabinet’s notification regarding government’s decision to allow an intelligence agency to tap phone calls, reported 24NewsHD TV channel.

Six PBC members filed their petition in the IHC on Thursday, praying that notification was illegal under Section 54 of the Telecom Act and Fair Trial Act 2013 provides complete mechanism in this regard.

The petitioners urged the court to declare the notification as illegal and annul it. The court must suspend this notification until the case is being heard by the IHC, they added.

The petition made IT secretary, defence secretary, interior secretary and Pakistan Telecommunication Authority (PTA) as respondents.

PBC members Shafqat Mahmood Chohan, Abid Zuberi, Chaudhry Ishtiaq, Munir Ahmad Kakar, Tahir Faraz Abbasi and Abid Saqi are the petitioners.

On Wednesday, a petition was also filed in the Lahore High Court challenging government’s decision to allow the top intelligence agency to tap phone calls.

Citizen Mashkoor Hus­sain has filed a writ petition through Advocate Nadeem Sarwar, saying the federal government issued a notification permitting the spy agency to tap phone calls. He pleaded that call-tapping is a serious invasion of an individual’s privacy.

With the growth of highly sophisticated communication technology, the right to hold telephone conversation, in the privacy of one’s home or office without interference, is increasingly vulnerable to abuse. The petitioner argued that to enjoy protection of law and to be treated in accordance with law is an inalienable right of every citizen of the country under Article 4 of the Constitution.

He said the rules for Section 54 of the Telecom Act have not yet been formulated and argued that the power vested in the federal government could not be delegated to any person without framing rules.

The petitioner asked the court to set aside the impugned notification for being unconstitutional and also ordered the federal government to formulate the rules for exercising the powers delegated under Section 54 of the Telecom act.

Reporter Ehtisham Kiyani