Criticism against judiciary: AGP says no action will be taken against journalists

ISLAMABAD: The attorney general for Pakistan reiterated that neither coercive action nor the Federal Investigating Agency (FIA) will proceed against the journalists, whom the notices were issued for criticising the judiciary, before February 8.

A three-judge bench, headed by Chief Justice Qazi Faez Isa on Tuesday heard the suo motu notice against the harassment of journalists by the FIA.

The attorney general submitted that honest criticism of a judgment or an order is not a crime and no coercive action will be taken nor criminal case registered in this regard and extends an undertaking on behalf of the federal government.

The Press Association of Supreme Court (PAS) and the Islamabad High Court Journalists Association (IHCJA) on January 27 passed a joint resolution. According to that, the FIA has issued notices to journalists purportedly on the ground that the judiciary was being maligned and they apprehend that journalists will be arrested when they attend the office of FIA.

During the proceeding, Justice Muhammad Ali Mazhar, a member of the bench, told AGP Mansoor Usman Awan that if the FIA wants to issue follow-up notice to the journalist then that should be done after the general elections.

The attorney general was directed to file separate comprehensive reports within two weeks with regard to the police investigations on the cases of Asad Ali Toor, Matiullah Jan, Imran Shafqat, and Amir Mir, and whether charges were framed against anyone.

These journalists have claimed that they were abducted and attacked but these crimes were not properly investigated.

The chief justice told the presidents of PAS and IHCJA to file an application under Article 184(3) of the constitution, which will be placed before the SC Committee, set up under the Supreme Court (Practice and Procedure) Act, 2023 for constitution of the bench to hear the matter.

The chief justice remarked that he is strongly against curtailing criticism as freedom of the press is enshrined in the Constitution. “I don’t care if you make fun of me, but if you make fun of the judiciary, the country will suffer. You can criticise the Supreme Court, but the Constitution has some limitations,” he said.

“If you think that you are benefiting me or the Supreme Court by stopping criticism, then you are harming [the institution],” CJP Isa remarked.

He added that journalists are allowed to criticise court’s decisions, but the matter of incitement is different. “We can never restrain a common man or a journalist from criticising.”

Justice Mazhar inquired whether there is no Code of Conduct (CoC) for YouTubers, adding that the PEMRA CoC is for the TV channels. He said that the Courts’ judgments are public property, but while criticising, one has to be careful.

Justice Musarrat Hilali remarked that fair criticism is not a problem but the language used in Tweets is wrong.

“Earning money through abuse has become a source of livelihood for people, it is very sad,” she added.

Copyright Business Recorder, 2024