FIA to file application for acquittal of journalists, apex court told

ISLAMABAD: The Supreme Court was informed that the Federal Investigation Agency (FIA) would file an application before the trial court for the acquittal of journalists – Amir Mir, who was the information minister in the interim setup, and Imran Shafqat.

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

The FIA Cyber crime Wing had registered a case against the journalists under Sections 11, 13, 20, and 24 of the Prevention of Electronic Crimes Act, 2016, read with sections 469 (forgery for purpose of harming reputation), 500 (punishment for defamation), 505 (statements conducing to public mischief), and 509 (word, gesture or act intended to insult the modesty of a woman) of the Pakistan Penal Code. However, the agency released them after they signed a personal bond.

The Press Association of Supreme Court (PAS) and the Islamabad High Court Journalists Association (IHCJA) have filed a constitutional petition through advocate Salahudin Ahmed requesting the Court to declare that the FIA notices to the journalists are in violation of articles 19, 19-A, 175, and 204 of the Constitution and ultra vires PECA 2016, and strike down the federation notification dated 16.1.2020.

The court reporters’ associations submitted that several of their members have received FIA’s notices. They said freedom of speech is the cornerstone of any democratic state governed under the rule of law. It is not merely a liberty inhering in the citizens of a free state. It is both an essential prerequisite to the meaningful exercise of the right to vote and a check against abuse or misuse of power by state institutions.

The federal government on 16.1.2024 constituted a Joint Investigation Team (JIT) under Section 30 of PECA 2016 comprising (i) Additional Director General (Cyber Crime Wing) FIA; (ii) Representative of IB (not below BS-20); (iii) Representative of ISI (not below BS-20); (iv) DIG ICT Police; (v) Representative of PTA (not below BS-20), and (vi) Any other co-opted member.

On 25.1.2024, the FIA issued notices under Section 160 CrPC to various persons in relation to numerous inquiries registered in different FIA Cyber Crime Reporting Centres [‘CCRC’] all over Pakistan. The gist of allegations specified in the notices is “[e]xplicit and malicious campaign against Hon. Judges of Supreme Court of Pakistan” and “derogatory remarks against the Superior Judiciary of Pakistan”. No further particulars are given nor is it mentioned what was allegedly stated by the persons to whom such notices are addressed.

Copyright Business Recorder, 2024