CJP says not interested in issuing contempt of court notice to journalists

ISLAMABAD: Chief Justice Qazi Faez Isa has observed if the institution’s credibility is tarnished, it then affects them, and said he was not interested in issuing contempt notice to the journalists.

A three-judge bench, headed by Chief Justice Qazi Faez Isa, on Monday, heard suo motu notice against the harassment of journalists by the Federal Investigation Agency (FIA).

The bench declaring the report of police and the FIA, unsatisfactory, directed them to file a comprehensive report about the attacks on journalists – Mattiullah Jan and Absar Alam – on the next date of hearing.

The journalists – Absar Alam and Matiullah told the Court that they were ready to provide any information and cooperate with the police and FIA regarding the attacks. The chief justice said no stone be left unturned for the freedom of press, adding that the intimidation of press will not be tolerated. Freedom of press is the valuable Fundamental Right (FR) and the media highlights the FRs of citizens been transgressed.

The police and the FIA were directed to file fresh report regarding the attacks on two journalists. The order said the police and FIA instead of arresting the culprits facilitating the criminals. The court warned them.

The chief justice noted that Article 19-A is not a licence of complete freedom, it is subject to the law.

Salahuddin Ahmed, representing the Press Association of Supreme Court reporters, said if someone is found involved in tarnishing the image of judiciary then the “sword of contempt of court” should be used carefully, adding that giving FIA power to proceed against journalists, could be misused and have chilling effect, especially when it is used for tarnishing the image of particular judicial officer or civil servant.

The chief justice said when a commissioner (Liaquat Ali Chattha) alleged that the chief justice of Pakistan has manipulated the elections, all the media houses without verifying the allegations ran the news. The CJP said should we had to issue notices to all the TV channels? He questioned did someone ask why the commissioner had made baseless allegations against the CJP. Justice Faez said he does not like to issue contempt notices to journalists.

Salahuddin referred to the notices issued to the journalists. The order noted that the gist of allegations was that an explicit malicious campaign was launched against judiciary. When the chief justice asked the Attorney General for Pakistan (AGP), the officials of the police and FIA, whether any Supreme Court judge, or the SC Registrar had filed any complaint or they were approached by them. They replied that there was no such report.

Salahuddin referred the FIR which was registered in February 2024. The offences listed by the FIA are under Section 9, 10 and 24 of Pakistan Electronic Crimes Act, 2016 (PECA). The court observed that even if the entire contents of the FIR are believed then it is done to intimidate media persons.

AGP Mansoor Usman Awan had the opinion that Sections 9 and 10 may not be attracted. He, however, sought time to look into the cases and advising the police and FIA. The bench noted that the name of judge of the apex court is mentioned in the FIR, while no judge of the Supreme Court or Registrar filed any complaint. However, the FIR is vague and does not mention the judiciary, civil servants/government officials.

Salahuddin further stated that JIT has been formed under Section 13 of PECA, which included the members of the intelligence agencies.

He said the Act does not permit that the officials of intelligence agencies be included in the JIT. This is ultra vires of Section 13 of the Act.

He then argued that the FIA initiated 115 inquiries and issued 65 notices. “Laws for defamation and contempt of court are in place and if the FIA takes over the rights of the judiciary, they will be misused.”

The case was adjourned until March 25.

Copyright Business Recorder, 2024