ISLAMABAD: The Supreme Court directed the director general Federal Investigation Agency (FIA) and the chairman Pakistan Electronic Media Regulatory Authority (Pemra) to submit comprehensive reports stating how many complaints were filed about journalists’ harassment in the last one year.
A three-judge bench, headed by Ijazul Ahsan, on Monday heard suo motu on journalists’ harassment.
The bench asked the DG FIA to file a report on journalists’ harassment, which should mention how many complaints were received in the last one year and how many FIRs were registered on the complaints, and whether anyone was arrested, and the proceedings initiated before the courts, what orders the courts passed, and what is the present status of the cases.
The bench questioned whether the Section 27 of PEMRA Ordinance is in consonance with the Article 19 of Constitution, and have the Authority framed the SOPs.
The DG FIA informed that 27 complaints were received and four FIRs were registered and the Agency is investigating the matters.
He said still the Agency has to submit a report before the Islamabad High Court (IHC) on journalists’ harassment.
Justice Ijaz said the cases before the IHC on journalists’ harassment have been pending for long.
He asked whether the FIA officers are aware of the fundamental rights and the freedom of expression guaranteed in the constitution.
“There should be proper handling of the cases,” he said, and added the FIA is heavily relying on Prevention of Electronic Crimes Act (PECA), 2016.
Justice Ijaz said the officers should be clear whether the complaints fall under the PECA, adding it should not happen that first the journalists are arrested and later the Agency conducts investigation on the complaints.
He said in the instant matter, the Court would not go into individual cases but examine what is the freedom of press?
He said they would set some guidelines for the government, enforcement agency, and the Press.
Justice Muneeb Akhtar asked the DG FIA that he is personally responsible for each case.
He further asked him to submit an executive summary about each case for the enforcement of Fundamental Rights.
Justice Muneeb inquired from chairman Pemra, has the Authority framed SOPs and procedures for taking action under Section 27 of the Ordinance.
He said there is danger of misuse of authority.
The chairman was ordered to file the details of notices issued in the last one year, and whether the notices were defended before the High Courts and the Supreme Court.
Justice Ijaz said the action should not be on the sweet will of the Pemra’s officers, but as per the rules, which should be justiciable.
Justice Qazi Amin said the parties should also submit concise statements about press freedom all over the world, particularly, USA and the West.
He observed that in the West, there are certain restrictions on reporting about public office-holders.
He said press freedom cannot be unbridled, everybody should know its limits.
“We have to create a balance,” he added.
Justice Amin reprimanded the IGP Islamabad for not arresting the killers of a journalist in the federal capital.
He noted that the incident took place in April and still the culprits are at large.
The Attorney General for Pakistan and the advocate generals of all the provinces and Islamabad were directed to assist the Court on vires of Section 27 on the touchstone of Article 19.
The case was adjourned for an indefinite period.
Copyright Business Recorder, 2021
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