ISLAMABAD: Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the Supreme Court on Monday that the Federal Investigation Agency (FIA) will soon move applications for the closure of cases against journalists Syed Imran Shafqat and Amir Mir, who subsequently became information minister in the Punjab caretaker government.

The two had earlier faced cybercrime allegations.

In my opinion and in all fairness, the cases have not been made out, the AGP explained before a three-judge SC, adding that the FIA would be filing applications before the trial courts hearing cases under cyber laws.

Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, a three-judge bench also including Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan had taken up the Press Association of the Supreme Court’s (PAS) challenge to the ‘roving inquiries’ by FIA and summons being issued by the Joint Investigation Team (JIT) on ‘vague allegations’ of the so-called explicit and malicious campaign against the superior judiciary and its judges.

Apex court takes exception to the filing of petition by a group of persons from Chakwal for media regulation

On Aug 7, 2021 the Lahore cybercrime wing of the FIA registered FIRs against Amir Mir and Imran Shafqat under different sections of the Prevention of Electronic Crimes Act (Peca), 2016 as well as the Pakistan Penal Code. They were accused of hurling allegations against state functionaries in their respective Vlogs during the previous government of Imran Khan.

On Monday, the court took exception to the filing of a petition seeking media regulation by a group of persons from Chakwal, including inspector general of police and joint cabinet secretary, by challenging a set of 11 laws concerning media.

The SC described the petitioners as “strange group of people coming together”, noting that they were talking about media regulations at a time when the court was already seized with cases relating to media freedom. And while pointing towards counsel Advocate Haider Waheed who had filed the unsigned petition without even meeting his clients, the CJP observed the court had serious doubts on the bona fide of the petitioners.

“Are you interested in securing media freedom or you have some other agenda to pursue?” he remarked during the hearing.

The court also took exception to a statement of one of the journalists who at the previous hearing had told the court that he did not want to pursue the harassment case anymore. “I never understood a person who was beaten up but say at a later stage that he did not want to be part of the petition,” Justice Isa noted. It was regrettable that one made allegations without having the courage to say it before court or write it on paper though he felt free to say anything on the media, the CJP regretted, asking if this could be called professionalism.

Senior counsel Salahuddin Ahmed, who was representing PAS and journalists Absar Alam and Matiullah Jan, argued that since the misuse of Peca’s Section 20 often violated Article 19 that ensures freedom of expression and created a chilling effect on people, this section should be struck down. The provision was misused again and again with the purpose to keep the sword dangling over the head permanently, he said, adding that the FIA under cybercrime law even treat non-cognizable offences as cognisable offence and then move to arrest people.

The CJP pointed out that one could become bankrupt for hurling unfounded allegations in the UK, but saying controversial things fetched money in Pakistan.

The hearing will resume again on Wednesday.

In its petition, PAS argued it was for the SC to determine whether any such comment or criticism constituted contempt of court and if so whether any further action was warranted.

The Pakistan Bar Council (PBC) vice chairman told the court that the council would support the PAS petition.

In all, it is reported a total of 65 notices have been issued to various persons (including more than 30 journalists) pursuant to no less than 115 inquiries registered in different FIA CCRCs including Karachi, Hyderabad, Sukkur, Multan, Faisalabad, Lahore, Gujran­wala, Rawal­pindi, Gilgit, Islamabad, Peshawar, Abbotabad, Dera Ismail Khan, Quetta and Gwadar.

Published in Dawn, March 26th, 2024