• SHC seeks response on poll day internet outage, directs govt to restore services
• Centre blames provinces for internet shutdown on Feb 8; Sindh law officer denies responsibility

ISLAMABAD / KARACHI: In the wake of claims that a social media campaign has been launched against government officials and functionaries of the Election Commission of Pakistan (ECP) on the back of rigging allegations in the Feb 8 polls, the caretaker federal government on Wednesday constituted a joint investigation team (JIT) to “identify and prosecute the culprits” under the relevant laws.

On the other hand, the Sindh High Court has directed authorities to submit a response by March 5 in a case concerning restrictions on the internet, while expressing serious reservations over the decision to block communications on polling day.

As per a notification issued by the interior ministry, the JIT was formed under Section 30 of the Prevention of Electronic Crimes Act (PECA) 2016 and an additional director general of the Federal Investigation Agency (FIA) will be its convener. Other members will be from the Inter-Services Intelligence, the Intelligence Bureau, Nadra, and the PTA. It could also hire IT experts if required to probe the “malicious” social media campaign.

According to the terms of reference of the JIT, it will identify and prosecute individuals involved in social media campaigns against government officials for their alleged role in irregularities on the day of polling. It will also propose measures to counter such campaigns in the future. The JIT has 15 days to submit its report to the relevant office.

SHC seeks response

Separately, the Sindh High Court expressed resentment over the authorities concerned for shutting down mobile and internet services on the polling day and again directed them to restore the internet service and access to social media platforms.

A two-judge bench headed by Chief Justice Aqeel Ahmed Abbasi also sought the reasons behind the internet outage on Feb 8, and ordered the federal authorities concerned to file their replies by March 5.

When the bench took up three petitions against the suspension of the internet, the lawyers for the petitioner informed about the suspension of social media platforms as well as the closure of mobile and internet services on the polling day despite the directives issued by the SHC at previous hearings. The bench confronted the PTA counsel and other respondents for not implementing the court orders.

The PTA lawyer contended that the closure of mobile and internet services was made on the instructions of ministries of interior and information since “there was a law and order situation”.

A federal law officer claimed that the internet services were shut down on the recommendations of the provincial governments. He also claimed that it was an issue of “national security”. However, a provincial law officer contended that the Sindh government had not made any such request and sought more time to file comments.

Credibility of polls

The chief justice remarked that a twisted joke was played by shutting down the entire country and deplored that the federal authorities were shifting the blame on provincial governments. He also noted that internet services should be shut down in select areas and not across the country even in case of any ‘law and order situation’.

The CJ quipped that the way elections were held the entire “world is praising”. Even the international media was making the world aware of the electoral process of Pakistan, he added.

He questioned the credibility of the elections if the key offices of the governance were “distributed with mutual understanding”.

He also appeared angry over the internet shutdown, saying that such moves cause “embarrassment internationally.” “The people are very aware these days, so don’t do this,” he added.

Lawyers Jibran Nasir and Hyder Raza as well as the Public Interest Law Association of Pakistan (PILAP) filed petitions against the ministries and the PTA for causing hindrance to access to social media platforms and disturbing mobile internet and broadband services with the intent to stop political parties as well as independent candidates from campaigning on social media for the Feb 8 general elections.

Last month, the SHC issued an interim restraining order asking PTA and other respondents to ensure that there must be no disruption and shutting down of mobile internet and broadband services unless the relevant provisions of the Pakistan Telecom­munication (Re-Or­ganization) Act, 1996 and Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2021 were attracted.

Published in Dawn, February 22nd, 2024