The Inadmissibility of Clandestine Audio Recordings in Pakistan Law
Criminal Petition No 248-L of 2018.
Author Judge : Mr Justice Muhammad Hashim Khan Kakar.
This Supreme Court of Pakistan judgment addresses a criminal petition regarding the admissibility of secret audio recordings used as evidence in a bribery case. The court upheld the acquittal of the accused, ruling that clandestine recordings intended to trap or humiliate individuals are generally unlawful and violate the constitutional right to privacy. While electronic evidence can be primary proof, it must meet stringent authentication standards and be obtained through legal, ethical means rather than private surveillance. The justices emphasised that unauthorised spying contradicts both Islamic jurisprudence and the Pakistani Constitution, transforming a complainant into an offender if they infringe upon a citizen's dignity. Ultimately, the court refused the appeal, asserting that judicially sanctioning warrantless surveillance by private citizens would lead to societal unrest and erode fundamental legal safeguards.