IHC Justice Babar Sattar seeks report from DG ISI, FIA on alleged leaked audio involving Bushra Bibi & Sardar Latif Khosa

ISLAMABAD, Dec 07 (SABAH): The Islamabad High Court (IHC) on Wednesday sought a report from the Inter-Services Intelligence (ISI) director general, the Federal Investigation Agency (FIA), and other relevant authorities on how an audio of an alleged conversation between Imran Khan’s wife, Bushra Bibi, and her lawyer, Sardar Muhammad Latif Khan Khosa, was leaked online.

The court’s directives, which also called for reports from the Pakistan Telecommunication Authority (PTA) and National Database Registration Authority (NADRA), were issued by IHC Justice Babar Sattar, who took up a petition filed by Imran Khan’s spouse a day ago.

Recently, a conversation reportedly featuring Bushra Bibi and her counsel, Latif Khosa, was leaked on social media. During an interaction with journalists, Khosa had confirmed the authenticity of the audio call.

In the clip, a voice suggested to be of Bushra Bibi tells her lawyer that Imran Khan’s sisters were not happy with her for hiring him.

On Wednesday, she filed a plea seeking action against those behind leaking the conversation.

The application, filed in the IHC through Khosa, cited the principal secretary to the prime minister and secretaries of defence and interior as respondents. It stated the audio was broadcast on the media out of context.

The PTA stated before the IHC that recording of private conversation is prohibited, the plea contended.

As the hearing commenced, Justice Babar Sattar inquired about the objections to the petition, to which Khosa responded: “An objection has been raised for the petitioner to file a separate petition.”

Khosa argued that a co-petition could also be filed. The judge subsequently removed the objections from the petition.

Justice Sattar then directed a forensic examination of the conversation, emphasising the need to investigate the origin of the audio.

He further stated a copy of the court order must also be sent to the ISI director general and added that the ISI DG must also submit a report as to who released the audio.

The court issued notices to the FIA, PEMRA, and the PTA, with the judge asking PEMRA: “The PEMRA must tell [us] as to how private conversations between people are being aired on TV channels.”

Khosa emphasised the “privileged” nature of a conversation between a client and a lawyer.

In response, the judge quipped “you must know that the big boss is listening to everything”, eliciting laughter in the courtroom.

Justice Sattar inquired about the recorder of conversations, to which Khosa replied: “Everyone knows who records conversations.”

The judge responded: “We cannot proceed on hearsay.”

Khosa said it was an issue for lawyers across the country, not just his.

“How can the justice system function if a lawyer cannot speak to his client freely?” Khosa questioned.

The judge inquired about the audio’s release on social media, and Bibi’s counsel responded, stating that the audio had been broadcast by nearly all TV channels.

Justice Sattar further asked: “Did it initially surface on Twitter [now X] or somewhere else?”

He mentioned that identifying the origin of the audio leak could assist in determining who recorded the conversation.

Khosa added that people avoid speaking to him, citing, “My phone is insecure.”

Justice Sattar asked PEMRA how private conversations of people were being aired on TV channels.

He also removed the objections raised on the application. “What is the objection of the Registrar’s Office,” he questioned.

Latif Khosa replied that the Registrar Office contended that a separate application should be filed. The lawyer said a separate application could be filed in the audio leaks case.

“A conversation between a lawyer and his client is a private affair,” Khosa added.

In a lighter vein, Justice Sattar said that “Big Boss is listening to everyone, you should know that.”

He said who is recording the audio? Khosa replied that everyone knows. And the judge retorted that we cannot proceed on a hypothesis.

He said that this is not an isolated issue; it is the problem of the lawyers of the whole country. “If the lawyer cannot talk to the client freely, how will the justice system work?”

Justice Sattar asked whether the audio was leaked on social media? Whether it was leaked on twitter or some other medium? Khosa said that the audio has been aired by all the TV channels.

The judge said if it is known who released the audio, it can be known who recorded it.

Khosa said PEMRA turns the screen off if someone’s name is mentioned.

Now no one talks to him because “my phone is not secure.”

Later, the judge adjourned the hearing for Dec 11.

Earlier this week, Khosa filed a petition against the audio leak of his conversation with Bushra Bibi, requesting the court to ask respondents, delinquent authorities, officials and agencies not to tape the former first lady’s telephone calls nor telecast or broadcast or print it in the electronic, print or social media.

“It is further prayed that to stem the illegal intrusion into the petitioner’s privacy of communication through cell/telephone or otherwise the respondents be directed to remove the surveillance gadgets / devices and those found involved be directed to be prosecuted under the law,” the petition read.

The fresh audio clip purportedly featuring Khan’s wife and his counsel surfaced on social media, hinting that all was not well in the former prime minister’s family with him being behind bars.

The two were purportedly heard talking about the ex-PTI chief’s sisters complaining about Khosa’s alleged misbehaviour with them about a case.