ISLAMABAD: The Islamabad High Court (IHC) on Wednesday sought an explanation from the director Cyber Crime Wing of the Federal Investigation Agency (FIA) over non-compliance of the court orders, and directed the agency to take action against officials who ‘abused’ their authority to arrest senior journalistsAmir Mir and Imran Shafqat.

IHC Chief Justice Athar Minallah was hearing identical petitions filed against the alleged highhandedness of the FIA’s Cyber Crime Wing and misusing the authority to harass citizens, particularly journalists, for expressing dissenting views.

The court recalled that on June 30, 2021, the director of the agency’s Cyber Crime, Babar Barkat,had assured the court that in order to ensure that powers were not abused, standard operating procedures (SOP) would be prepared to guide the investigating officers while dealing with complaints relating to section 20 of the Act of 2016.

On the last date of the hearing, the court was informed that the SOPs had been duly prepared and circulated throughout the country to prevent abuse of powers by investigating officers.

Asks agency to take action against officials abusing authority to arrest journalists

Justice Minallah said this court had been informed that senior journalists, Amir Mir and Imran Shafqat, were kept in illegal confinement and harassed by FIA officials in Lahore in violation of the assurances given before the court that SOPs had been prepared and circulated by the Cyber Crime Wing.

He remarked, “this court cannot turn a blind eye because such conduct of the agency undermines the proceedings before this court besides strengthening the perception that abuse of powers by the agency is aimed at achieving some extraneous purposes,” adding that “the actions of the officials of the agency ought to be within the mandate of law and must demonstrably show lack of the elements of mala fide and abuse of power for achieving extraneous purposes.”

According to the IHC chief justice, “the reckless exercise of powers by the FIA in the context of the offence under section 20 of Peca has serious consequences for the guaranteed fundamental rights under Articles 19 and 19-A of the Constitution.”

The additional attorney general has stated that he would seek a report from the director general of the agency regarding the alleged abuse of powers by officials in violation of the assurances given before this court and the standard operating procedures and whether any action has been taken against them.

The court directed that the AAG shall also seek a report from the interior secretary on the actions taken in compliance with the directions given by this court vide the judgement, dated Nov 3, 2020.

He has also been directed to submit a report before the next date, Sept 27, explaining why proceedings may not be initiated against the director, FIA Cyber Crime, prima facie, misleading this court and allowing the officials, directly or indirectly, to violate the prescribed standard operating procedures.

Justice Minallah noted that the petitions in hand had raised questions of paramount public importance in the context of exercise of the powers vested in the Federal Investigating Agency under section 20 of the Prevention of Electronic Crimes Act, 2016.

This Court vide judgement, dated Nov 3, 2020 had given specific directions so as to prevent the abuse of powers by the agency and to safeguard the fundamental right of free speech and freedom of expression.

However, it noted, “regrettably no action seems to have ensued either by the agency or the federal government. The actions of the investigating officers while dealing with the complaints relating to section 20 of the Act of 2016 has, prima facie, created a perception as if powers were being exercised to suppress dissent or specific undesirable political opinions.

Published in Dawn, September 2nd, 2021