Criticising judiciary on social media: No action will be taken against journalists, SC assured

ISLAMABAD: Attorney General for Pakistan assured the Supreme Court no action will be taken against the journalists, whom the notices have been issued by the Federal Investigation Agency (FIA) for criticising the judiciary on social media.

A three-judge bench headed by Chief Justice Qazi Faez Isa on Monday heard the suo motu notice against the harassment of journalists by the FIA. The SC directed the FIA to file reports on the harassment of journalists in two weeks.

The FIA cyber crime wing on January 27, 2024, summoned 65 people, including various journalists and social media activists, for allegedly running a “malicious campaign” against the judges and the institutions on Jan 30 and 31.

Malicious campaign against top judiciary: Notices served in accordance with law: govt

Journalists and social media activists who have been issued notices include journalists, Cyril Almeida, Shaheen Sehbai, Adeel Mahmood Raja, Syed Samar Abbas, Asad Ali Toor, Matiullah Jan, Muhammad Siddique Jan, and Muhammad Sabir Shakir.

Following the apex court’s verdict on PTI’s intra-party elections, which deprived the party of its election symbol –“cricket bat”, a malicious campaign on social media was launched against the judges, particularly CJP Faez, and the institutions.

During the proceeding, CJP Isa told Attorney General of Pakistan Mansoor Usman Awan that while verbal abuse was a different matter, the federal agency should not take action against media persons merely on criticism. The AGP then assured that no action would be taken against the journalists.

The chief justice remarked that he is strongly against curtailing criticism as freedom of the press is enshrined in the Constitution. “I don’t care if you make fun of me, but if you make fun of the judiciary, the country will suffer. You can criticise the Supreme Court, but the Constitution has some limitations,” he said.

“If you think that you are benefiting me or the Supreme Court by stopping criticism, then you are harming [the institution],” CJP Isa remarked. He added that journalists are allowed to criticise court’s decisions, but the matter of incitement is different. “We can never restrain a common man or a journalist from criticising.”

Justice Mazhar inquired whether there is no Code of Conduct (CoC) for You Tubers, adding that the PEMRA CoC is for the TV channels. He said that the Courts’ judgments are public property, but while criticising, one has to be careful.

Justice Musarrat Hilali remarked that fair criticism is not a problem but the language used is wrong. “Earning money through abuse has become a source of livelihood for people, it is very sad,” she added.

Justice Faez said the use of foul language is wrong but criticism is not prohibited, adding that it is wrong to arrest a journalist just for criticising.

“I don’t care, but there should be limits. We will also give rights to those who are not present here. I welcome criticism of myself.” he said.

Journalist Matiullah Jan asked the bench to set the date for the suo-motu hearing on Arshad Sharif’s murder, the CJP replied that might be scheduled at the next hearing.

The chief justice also remarked that along with hate speeches, some other incidents also happen only in Pakistan, highlighting the killing of polio workers, and attacks on girls’ schools.

“Why does the government not do anything against extremist thinking? Why aren’t those who prevent women from voting and polio inoculation caught? Look at what happened in Jaranwala, everything is the result of hatred, these people have been used, and now they have become pythons, why did they not arrest the person who gave the fatwa to prevent women from voting?” said CJP Isa.

The CJP then inquired from the AGP about the status of journalist Asad Toor’s case and was informed that a case had been lodged. Justice Isa then asked Toor if he could recognise the accused.

“If the accused come forward, I can recognise them. The accused kept using mobile phones at my apartment but geo-fencing was not done,” said Toor.

The CJP then inquired why were the sketches and fingerprints of the accused not shared with the Inter-Services Intelligence (ISI). “Is Asad Toor’s case even active, or has it been moved to the mortuary?”

Justice Isa said Toor should be provided with basic rights, regardless of whether the case proceeded or not.

“There is no pressure on me, when the application was filed in 2021, I understood that Matiullah Jan was also with me, the procedure in which the application was made in the courtroom is not correct.” The chief justice also expressed displeasure with the manner of receiving the application.

The court adjourned the case until today (Tuesday).

Copyright Business Recorder, 2024