Lahore: The LHC decided that extracting mobile phone data without the consent of the accused or the magistrate looking into the case is against the law. This is because Article 13 of the Constitution protects people from double punishment and self-incrimination.
The judge made the decision while Rehmatullah’s case being heard. Rehmatullah found guilty of being part of an extremist group and spreading illegal material, so he sent to jail. The judge gave him the benefit of the doubt and let him go to prison.
The criminal set free by a two-person panel made up of Justice Ali Baqer Najafi and Justice Amjad Rafiq. A court that deals with terrorists gave him a 10-year prison sentence.
The court said that getting someone’s mobile info without their permission violates their right to privacy. If the accused doesn’t agree, the court said, the phone records should be taken with at least the magistrate’s permission.
“Now that we live in the modern world, we talk to our friends and family through voice and video. “Our phones are just as important as our homes, and every relationship we keep inside our homes is protected by the Constitution,” the court said.
It said that people read books, use Google, Facebook, YouTube, and Twitter, which is not against the law. As long as a person wants to keep his phone information private, it can’t be taken out of the phone without his agreement or a court order. The court also said that if the needed information points to a crime, it can given to the court within 24 hours.
