ISLAMABAD: The Islamabad High Court (IHC) on Monday turned down plea of a US blogger, Cynthia D Ritchie, currently residing in Pakistan, against lower court's order to register FIR against her.
A single bench of the IHC Chief Justice Athar Minallah, heard her petition, wherein the US blogger challenged the Justice of Peace, Islamabad's decision in which it had directed the Federal Investigation Agency (FIA) to proceed with registration of FIR against Ritchie.
At the very outset, the court asked from her that she is aggrieved because the direction is only to the extent of conducting an inquiry. The petitioner's counsel stated that the Justice of Peace has also decided the question of jurisdiction and the competent authority of the Federal Investigation Agency (FIA), while conducting an inquiry is expected to consider whether in the facts and circumstances of the case, and the material collected during the course of inquiry, an offence is made out under the Prevention of Electronic Crimes Act, 2016, and whether the agency is vested with jurisdiction to proceed with the matter.
The court observed that the competent authority would obviously be considering the material, and then form an opinion, whether or not to register a case.
Justice Athar noted in the verdict, "It is settled law that a High Court, while exercising jurisdiction under Article 199 of the Constitution does not interfere in matters relating to inquiry or investigation, as the case may be." He added, "The FIA was empowered to conduct an inquiry even if no order had been passed by the learned Justice of Peace. The FIA while proceeding in the matter is expected not to be influenced by any observation made in the impugned order."
The IHC CJ continued that this court is satisfied that interference is not required and, therefore, the petition is dismissed as being without merit.
Cynthia moved the court through her counsel, Imran Feroze Malik Advocate, and cited Justice of Peace Islamabad, Muhammad Shakeel Abbasi, FIA Crime Wing Islamabad, Salman Khan, Incharge Cyber Crime Wing Islamabad, and Chairman Pakistan Telecommunication Authority (PTA) as respondents.
The petitioner stated that Shakeel Abbasi moved an application before Salman Khan, incharge Cyber Crime Wing Islamabad, wherein it was contended that present petitioner passed some defamatory remarks about the leadership of Pakistan People's Party (PPP), giving rise to a cyber crime, hence requested registration of the FIR.
She added that upon such application, inquiry was conducted, and it was found by the FIA authorities that Abbasi has no locus standi to file an instant application, therefore, authorities refused to register the FIR.
Cynthia maintained that after visualizing, so-called inaction on the part of the FIA Cyber Crime Wing, application was preferred before the Justice of Peace, who sought report from respondents including FIA and PTA, the report was submitted wherein contention of Abbasi was discarded on the ground of locus standi as he is not an aggrieved person within the meaning of Prevention of Cyber Crime Act, 2016, but even then the Justice of Peace directed the FIA to proceed with registration of the FIR illegally and unlawfully, which order is liable to be set aside.
She maintained, "Petitioner has committed no offence, which clearly depicts from the report submitted by Respondent no 2 after evaluating the entire material and contention of independent witnesses."
Therefore, she prayed to the court that under these circumstances, the said order dated June 15 passed by the respondent no 1 may graciously be set aside, and may kindly be declared illegal and unlawful in the best interest of justice.
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