Investigation for fair Trial Act, 2013

The Investigation for Fair Trial Act, 2013 gives Pakistan's law enforcement and intelligence agencies a formal, court-supervised process for using modern surveillance techniques - covert surveillance, wiretapping, and interception of phone, email, and internet communications - to investigate serious "scheduled offences," while trying to prevent these powers from being used arbitrarily. Section 3 defines who can apply for these powers: the applicant must be the Directorate General Inter-Services Intelligence, one of the three Services Intelligence Agencies, the Intelligence Bureau, or the Police, acting through an "authorized officer" of at least the rank of BPS-20.

Chapter 2 sets out the process before a warrant is even sought. Section 4 requires the applying agency to formally notify who its authorized officer is. Section 5 requires an official who suspects someone is planning or involved in a scheduled offence to prepare a written report. Section 6 requires that report to go through the Head of the Department to the Federal Minister for Interior, who under Section 7 can approve or refuse permission, in writing, to seek a warrant. Only after ministerial approval can Section 8 be used to formally apply to a Judge of the High Court for a warrant, backed by a sworn affidavit that the warrant will not be misused.

Chapter 3 covers issuing the warrant. Section 9 requires the Judge to consider the application personally, in chambers. Section 10 requires the Judge to be satisfied both that the warrant will actually help collect evidence and that there is a reasonable, evidence-based indication of a threat, and to make sure the surveillance or interception does not unnecessarily invade anyone's privacy or property.

Chapter 4 (Sections 16-21) covers how warrants are carried out, including a duty on service providers (like telecom companies) to cooperate and keep the process confidential, in exchange for legal indemnity and immunity for complying. Chapter 5 (Sections 22-26) governs whether evidence gathered this way can be used in court, including a presumption that a properly issued warrant is valid and provision for expert analysis of intercepted material. Chapter 6 creates a Review Committee to oversee use of these powers and a route for people to complain about misuse (Sections 27-29). Chapter 7 deals with warrants that need to be served on, or received from, other countries. Chapter 8 requires the whole process to stay confidential and makes it a specific offence to carry out unauthorized surveillance or interception, or to misuse material that was lawfully intercepted (Sections 34-35).