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Ex-CJP Saqib Nisar says latest audio leak amounts to theft, questions authenticity

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Ex-CJP Saqib Nisar says latest audio leak amounts to theft, questions authenticity

Muzhira Amin
April 25, 2023

Former chief justice of Pakistan Mian Saqib Nisar on Tuesday issued a rebuttal, saying that the latest audio clip — purportedly of a conversation between him and PTI legal adviser Khawaja Tariq Rahim regarding a high-profile case currently being heard by the Supreme Court — was a “theft” as he questioned its authenticity.

Speaking to Dawn.com, Nisar termed the audio clip a violation of his right to privacy, adding: “This is a theft of my fundamental rights.”

“I am a citizen of Pakistan, an ex-CJP and I give free advice to those in office. Khawaja Tariq Rahim is a friend and I gave him advice,” he said and went on to question the authenticity of the leaked clip.

In the audio clip, which has not been independently verified by Dawn.com, a voice, allegedly of the former chief justice, could be heard giving the reference of a 2010 SC judgement to PTI’s Rahim.

“Please look into that … it is a seven-member judgment […] this is suo motu number 4 of 2010, sir […] seven-member judgement, 2012, has been reported on page number 553 of the Supreme Court,” Nisar purportedly says.

Here, the man on the other end of the call, believed to be Rahim, replies in the affirmative. “Whoever is your lawyer, tell him to check it out. It states that if … never mind, you’ll know when you will read it,” the ex-CJP allegedly says.

In response, the PTI lawyer purportedly says: “I will read. I have seen the seven-member bench judgment. They have stated in it that until the act is not formulated… if you read it carefully, clause three has it…”

At that, the man believed to be Nisar replies “yes I have seen that, it is the way out for you”.

He allegedly goes on: “And secondly Tariq sahab, if any person of yours is ready, you can use the Munir Ahmed Khan [judgment] which is a clear case of contempt of court.”

“That too … that too,” Rahim apparently replies after which the ex-CJP purportedly says “after what happened in Azad Jammu and Kashmir, I don’t think there is any…”

Interjecting the man believed to be Nisar, the person on the other end says that “we are only waiting for the three-member bench’s verdict … it can take another half an hour … after that, we are filing a contempt application”.

The audio leak comes days before an SC bench — comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — is set to resume hearing a case pertaining to elections in Khyber Pakhtunkhwa and Punjab.

Earlier this month, the top court — while hearing a PTI petition — had directed the Election Commission of Pakistan (ECP) to hold general elections to the Punjab Assembly on May 14. However, the government had rejected the apex court’s orders.

After repeated back and forth, the Supreme Court last week afforded a temporary respite to the country’s main political parties, giving them a week to develop a consensus on the date for elections to the provincial and national assemblies, so they could be held simultaneously across the country. It is expected to resume the hearing on April 27.

The latest audio is the second clip to surface in the past few days. On Sunday, an audio purportedly featuring a conversation between two women — one of whom was said to be the mother-in-law of a top-ranking serving judge of the SC, while the other was the spouse of PTI’s Rahim — started doing the rounds on social media. The two women could also be heard discussing the case linked to KP and Punjab polls.

PML-N calls for transparency

In a press conference immediately after the audio leak surfaced, Law Minister Azam Nazeer Tarar called the clip “unfortunate”, saying that Nisar should be more careful because of the “perception of the people” about him.

“This conversation clearly shows that he is guiding regarding what needs to be done. He can be heard giving references of judgments,” he stated. “This is a very difficult situation.”

Tarar went on to say that transparency was important to ensure that the Constitution and law were upheld in the country. “People should be able to trust institutions, especially the judiciary … and this can only happen when there is transparency.”

In a tweet, Defence Minister Khawaja Asif said that he was disappointed to hear the audio, claiming that Nisar had moved way too far in his revenge against PML-N supremo Nawaz Sharif.

“You took revenge on Nawaz Sharif and sentenced him. How long will you continue to feed on this poison?” he added.

The PML-N — especially its chief organiser Maryam Nawaz — has time and again blamed Nisar for disqualifying the party’s Quaid Nawaz Sharif as prime minister in 2017 in the Panama Papers case.

Minister for Planning Ahsan Iqbal said that the “mastermind of the 2017 regime change and judicial martial law conspiracy still conducting the orchestra”.

On the other hand, PML-N leader Malik Ahmed Khan said that a suo motu notice should be taken on the recent audio leaks.

Audio leaks
Of late, a slew of audio leaks featuring key government and opposition figures — including Prime Minister Shehbaz Sharif, PTI Chairman Imran Khan, PML-N Vice President Maryam Nawaz, and others — have surfaced on social media.

The clips, seemingly featuring informal conversations, had raised serious concerns regarding the security of government offices — particularly the Prime Minister’s Office.

PM Shehbaz had termed the surfacing of audio leaks a “very serious lapse” and announced that a high-level committee would be constituted to probe the matter.

On the other hand, the PTI had filed a petition in the SC seeking a probe into the audios. Former premier Imran Khan had also written a letter to Chief Justice of Pakistan Umar Ata Bandial and other SC judges, and sought “enforcement” of the fundamental rights of the public, including the Constitution’s Article 14 (fundamental right to privacy).

 
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BTW, the lawyer in the leaks has said that this was a whatsapp call.
 
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BTW, the lawyer in the leaks has said that this was a whatsapp call.

Army is unnecessarily getting blamed for recent audio leak. Most probably it is IB who is doing it on the behest of PM Shehbaz sharif instructions. Mind you leak mostly appear on PML-N troll twitter accounts or Gharida is mostly hyping these tweets.

IB is infamous/famous for wiretapping. People underestimate their capabilities. Since 90's they are exposing Army officers. Operation midnight Jackal of 1990. MQM operation in 1995. Accurate wiretapping of IB led to targeted operation against MQM. IB tapping General Zaheer ul Islam calls in 2014-15.
 
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Army is unnecessarily getting blamed for recent audio leak. Most probably it is IB who is doing it on the behest of PM Shehbaz sharif instructions. Mind you leak mostly appear on PML-N troll twitter accounts or Gharida is mostly hyping these tweets.

IB is infamous/famous for wiretapping. People underestimate their capabilities. Since 90's they are exposing Army officers. Operation midnight Jackal of 1990. MQM operation in 1995. Accurate wiretapping of IB led to targeted operation against MQM. IB tapping General Zaheer ul Islam calls in 2014-15.

That was my hunch as well before. Rana Sanaullah, Kh Asif, Maryams, all were talking about saas adalat chala rahi hain since a few weeks. They for sure had this since some time. Moreover Asad Toor shared it first if I am not mistaken. He is a N puppet, and for sure not estab ka banda. But this holds for the saas call.

Wiretapping simple calls is no biggie.

But for Kh Rahim's own call, he says it was a Whatsapp call. If this was 5 years back, I would have for sure said this was ISI or MI. Has IB gotten this capability now? I have no idea, perhaps my info is outdated and IB can do it now.
 
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That was my hunch as well before. Rana Sanaullah, Kh Asif, Maryams, all were talking about saas adalat chala rahi hain since a few weeks. They for sure had this since some time. Moreover Asad Toor shared it first if I am not mistaken. He is a N puppet, and for sure not estab ka banda. But this holds for the saas call.

Wiretapping simple calls is no biggie.

But for Kh Rahim's own call, he says it was a Whatsapp call. If this was 5 years back, I would have for sure said this was ISI or MI. Has IB gotten this capability now? I have no idea, perhaps my info is outdated and IB can do it now.

There is a documented trail that Pakistan civil law enforcement agencies i.e FIA, National Bureau of Police, Sindh Police CID, CIA, Intelligence bureau, Ministry of Interior was in talks with Defunt Hacking Team Company of Italy to purchase spyware and hacking tools in 2011. You don't need to hack Whatsapp directly. Just Install spyware and record anything and everything on the said phone. Hacking team of Italy got hacked in 2015 and thats how we got to know Pakistan is interested in purchasing their equipment. Go through the below link for complete details and hack team email leaked which shows their correspondence with Pakistani officials


ANOTHER Italian firm providing spyware to Pakistan

RCS Lab attempts to revive links with Pakistan​


Despite strained relations with Pakistan's security apparatus, Italian lawful interception specialist RCS Lab is confident it can make new inroads in the country, while spending in this field is set to decline at home.​

Published on 22/02/2023 at 06:00 GMT


According to information gathered by Intelligence Online, the Italian lawful interception company RCS Lab is reviving its business networks in Pakistan in view of selling its interception technology there. The Italian firm has a long-standing presence in the country, as email exchanges with another Italian lawful interception firm Hacking Team - now Memento Labs - leaked by Wikileaks, attested. However, RCS Lab's relations with Islamabad deteriorated considerably after the operations of its subsidiary Tykelab were exposed. Tykelab's Hermit spyware was detected by US threat intelligence firm Lookout and by Google, forcing RCS Lab's parent company Cy4gate, headed by former Carabinieri captain Emanuele Galtieri, to establish a crisis unit (IO, 15/09/22).

Cy4gate for its part still operates in Pakistan in the field of cybersecurity.

Italy's interceptions reform

Renewed interest from those Italian firms in Pakistan comes as Italy's justice minister Carlo Nordio is pushing for a reform of interceptions in the Italian Parliament in order to reduce the cost of justice, which would limit the instances in which the authorities are allowed to carry out legal interceptions. The bill does not touch the main drivers of interceptions in Italy which are the fight against the mafia and counter-terrorism.

Italy's spending cuts should spur specialised companies to look for new outlets abroad, as Cy4gate has already done. Other companies in the country, such as Negg, are also looking for new markets outside its borders (IO, 01/09/22).

© Copyright Intelligence Online.
Reproduction and dissemination prohibited (Intranet...)
without written permission. - 109949102


Italian firm accused of running Pegasus-style spyware

Updated on: 30 August 2022
  • Damien Black
    Damien Black
    Senior Journalist

Mobile phone with RCS logo
Image by Shutterstock






A small firm owned by the Italian company implicated in a recent phone-hacking scandal has been using tracking software to secretly monitor the communications of people all over the world, according to an NGO.
Tykelab, a subsidiary company of RCS based in Rome in Italy, has been spying on behalf of its clients on citizens of countries with poor human rights records and authoritarian regimes, including Libya and Iraq, a report by Lighthouse has revealed.
The company advertises itself on LinkedIn as a “competent software developer and system integration company” that specializes in fraud management and security assessment.

Other countries targeted by Tykelab include Nicaragua, Malaysia, Mali, and Costa Rica, according to Lighthouse. Nor has the EU itself escaped surveillance, with citizens of Greece, Portugal, and even Italy itself tracked by Tykelab via dozens of unsecured phone networks in the Pacific.

This security loophole has gone unpatched in the eight years since it was discovered, a gift to government and private agencies wishing to conduct surveillance. Lighthouse blames this on the telecoms industry practice of leasing network access points to parties who can then use it for spying. Mobile phone regulator the GSMA claims the industry is powerless to effectively detect surveillance operations being conducted in this manner on networks.

The Tykelab revelation is reminiscent of the recent imbroglios involving its parent firm RCS Labs, which was found to be spying on citizens of Italy and Kazakhstan in May, and Israeli company NSO Group, whose Pegasus software has been deployed in recent years against journalists, lawyers and human rights activists.

Lighthouse’s investigation revealed that spyware used and marketed by Tykelab includes Ubiqo, which can “track the movements of almost anybody who carries a mobile phone, whether they are blocks away or on another continent.” Tykelab also offers follow-up analysis services, said Lighthouse.

“Our findings originated with two confidential sources in the telecom industry,” said Lighthouse. “They had both independently been tracking significant volumes of suspicious traffic sent through a group of phone networks – much of it ostensibly from islands in the South Pacific. Through technical and other data they determined, independently from each other, that this traffic originated in Italy with a company called Tykelab.”

Tykelab’s website claims misleadingly to be “an innocuous telecom services provider” but according to Lighthouse sources “its traffic had no legitimate purpose other than surveillance.”

Like father, like son​

Tykelab’s parent company RCS is itself no stranger to spyware controversy. Described by Lighthouse as “an Italian company with a long history of interception activities both in Italy and abroad,” it was outed in December by Cy4Gate, which made the disclosure to shareholders after it acquired Aurora Group, of which RCS is part.

Its surveillance products include Hermit, a phone-hacking tool that once installed on a device can be used to record calls and remotely access messages, call logs, contacts, photos, and other sensitive data. The spyware was recently uncovered by a parallel investigation conducted by cybersecurity analysts at Google and Lookout, along with fake web pages masquerading as Apple and Facebook to lure target persons into downloading it.

The findings come at an awkward moment for the EU, which is holding parliamentary hearings into NSO’s use of Pegasus, in the wake of a wave of hacking scandals that have seen politicians and journalists increasingly targeted by spyware.
“Our investigation has thrown the spotlight on the EU itself and Europe’s role in the high-risk proliferation of commercial surveillance technology,” said Lighthouse. “Our findings show Tykelab’s surveillance traffic reaching all over the world – the Italian company’s systems have been targeting people in Libya, Costa Rica, Nicaragua, Pakistan, Malaysia, Iraq and Mali, to give only a few specific examples, as well as in Greece, Macedonia, Portugal and Italy.”


P.S. Not to forgot IB was spying on JIT members investigating Nawaz Sharif in 2017. Also during that time, Supreme court registrar alleged whatsapp call was hacked/leaked too


 
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