Subject: Petition to safeguard democratic principles and address surveillance abuse resulting from CCTV installations in private properties.

 

Respected : Honorable Chief Justice

                  Mr. Justice Qazi Faez Isa

                 Supreme Court of Pakistan
                  Constitution Avenue, G-5/2 Islamabad,

                  Pakistan.

 

I, Saiqa Tabassum-------- am submitting this petition to the honorable court to address the grave issue of privacy breaches caused by CCTV cameras in private properties owned by political figures and judges. These cameras are allegedly being used for blackmail and political defamation.

 

Surveillance of Pakistani citizens by the state is not novel. While analyzing Article 13 of the Draft Constitution of Pakistan, an unsuccessful amendment to the right to privacy under the Draft Constitution was moved by Mr. Mahmud Ali Kasuri which was driven by his personal experiences of being subjected to surveillance by the state. Mr. Kasuri’s communications via telephone were censored and recorded even when he was the Minister of Central Government. He maintained “that the unfortunate situation in Pakistan is that our correspondence is subject to censorship and censorship is contrary to law. In summary, the Mahmud Ali Kasuri surveillance abuse case remains a significant chapter in Pakistan’s legal history, highlighting the intersection of politics, surveillance, and justice.

In 2018 a senior Judge, Mr. Shouaqat Siddiqui highlighted a similar issue which could not get any serious attention of any relevant authorities.

In another event, six senior judges from the Islamabad High Court (IHC) accused Pakistan’s powerful spy agency, the Inter-Services Intelligence (ISI), of interfering in judicial matters. The judges alleged that the ISI used intimidatory tactics, including secret surveillance, abduction, and torture of their family members. The judges called for an inquiry into whether there exists a policy to intimidate judges and manipulate judicial outcomes in politically consequential cases. These cases include those against the main opposition leader and former Prime Minister Imran Khan. The allegations highlight the delicate balance between judicial independence and intelligence agencies’ influence in Pakistan’s political landscape.

 

These practices can interfere with the right to privacy and dignity guaranteed under Article 14 of the Constitution of Pakistan 1973. It states that the privacy of a person is a fundamental right which shall be respected. The surveillance including phone tapping or eavesdropping entails a violation of the dignity of a person and privacy which are protected under Article 14 of the Constitution of Pakistan 1973.Surveillance, whether it be in the form of phone tapping, eavesdropping or any other means, affects the constitutional right to life as well. The expression “life” is defined in Shehla Zia Case is not merely restricted to animal or vegetative life. The right to life is an extensive right which carries the right to live in a clean atmosphere, and in a way that all the fundamental rights are guaranteed.

Honorable court, there is a very thin distinguishing line between legal electronic surveillance and violation of the right to privacy. It is upon the courts of the country to balance the dictates of privacy and national security. So, I seek the courts attention to ensure legal safeguards, so that erosion of democratic principles and privacy rights is not tolerated without penalization in future.

Yours sincerely,

Saiqa Tabassum