‘Abuse of power’ during raid at Mohsin Baig’s house: IHC issues show-cause notice to FIA official

ISLAMABAD: The Islamabad High Court (IHC), Monday, issued show-cause notice to the director Federal Investigation Agency (FIA) Cyber Crime Wing for abuse of power during the raid at the house of media owner and analyst Mohsin Jamil Baig.

A single bench of Chief Justice Athar Minallah directed Babur Bakht Qureshi, director Cyber Crime, FIA to explain why proceedings may not be initiated against him or other officials for violating the SOPs submitted, and the unambiguous assurances given before the Court regarding ensuring safeguards against abuse of the offences under the Act of 2016, which have criminalised defamation.

The IHC bench also put Attorney General to notice to satisfy that the rampant abuse of criminalised defamation under the Act of 2016 is not violative of the scheme of the Constitution and the fundamental rights thereunder, particularly, guaranteed under Articles 19 and 19A.

The court noted, “If the answer is in the affirmative, then the ensuing consequences. The challenge to vires of offences under the Act of 2016, which have criminalised defamation is already pending before this Court.”

Justice Minallah also directed the Inspector General of Police, Islamabad Capital Territory to ensure that investigation in case of FIR No87/2022, dated 16 February 2022, is conducted fairly, in accordance with law and without causing harassment to the petitioners.

The court issued the direction, while hearing the petitions of Mohsin Jamil Baig and Shaila Jamil Baig who have challenged the proceedings and registration of criminal cases. FIR No34/2022, dated 16 February 2022, was registered by the FIA under sections 20, 21(d) and 24 of the Prevention of Electronic Crimes Act, 2016 and sections 500 and 505 of Pakistan Penal Code, 1860. The said FIR was registered at the Lahore office of the FIA pursuant to a complaint filed by Murad Saeed, Minister for Communications, Government of Pakistan.

The court stated that on the said date and around the same time when the FIR was registered, a team of the FIA officials raided the residence of the petitioners at Islamabad and it was alleged that Mohsin Jamil Baig resisted his arrest, which led to registration of FIR No87/2022, dated 16 February 2022.

The court asked Babur Bakht Qureshi to justify registration of FIR No34/ 2022, dated 16 February 2022, and the hasty raid conducted at the residence of the petitioners. He was asked to explain the hasty and apparently uncalled for registration of the criminal case under the Act of 2016 in violation of unequivocal assurances given by him before this Court and the SOPs intended to ensure safeguards against abuse.

It added that the registration of the criminal case and the action regarding attempted arrest of Mohsin Jamil Baig was in obvious violation of the SOPs, submitted by the FIA before this Court and the august Supreme Court.

The bench also said that the SOPs were formulated and placed on record of this Court pursuant to judgment, dated 03-11-2020, passed in WP No2939/2020 titled, “Rana Mohammad Arshad v Federation of Pakistan, etc”.

The director was not able to satisfy the Court that the offences under the Act of 2016 mentioned in the FIR No34/2022, dated 16 February 2022, were attracted.

The IHC chief justice said in his order, “It was alarming to note that the offence under section 21(d) was also invoked in the FIR. The Complainant is not an ordinary citizen but an elected public office holder and a plain reading of the FIR shows that he had not complained of any act constituting the offence under section 21(d) of the Act of 2016.”

He also noted that abuse of powers vested in the FIA under the Act of 2016 has been rampant, widespread and remains unabated despite repeated observations and directions by the Court in several pending matters. “The abuse is so persistent and grave that its effect regarding fundamental rights guaranteed under the Constitution, particularly Articles 19 and 19A are likely to be profound. It is ironic that beneficiaries of such pervasive abuse are public office holders and powerful entities while the fundamental rights of the public at large are being exposed to be violated,” added the IHC chief justice.

The case was adjourned until February 24.

Copyright Business Recorder, 2022