AGP’s undertaking to SC: Journalists whom FIA has issued notices will not be arrested

ISLAMABAD: The Attorney General for Pakistan (AGP) gave an undertaking to the Supreme Court that no journalist will be arrested whom the Federal Investigation Agency (FIA) issued notices under Section 160 of the Code of Criminal Procedure, 1898.

A three-judge bench headed by Chief Justice Qazi Faez Isa, on Wednesday, heard suo motu notice against the harassment of journalists by the FIA.

Advocate Salahuddin Ahmed, representing the Press Association of Supreme Court (PAS) and Islamabad High Court Journalists Association (IHCJA), informed that the FIA notices have been issued to a number of journalists under Section 160 of CrPC. He contended that if the free hand to the FIA is checked then many of the grievances of his clients would be resolved.

He questioned how without an FIR, the FIA officials can investigate the journalists, adding they have to tell them (the journalists) about the details of the allegations. He said that the FIA has no power to investigate the journalists if they do not have a magistrate’s order.

The AGP, Mansoor Usman Awan, apprised that the investigation has been started after the apex court took up the journalists’ case. He said that in journalist Absar Alam’s case, the process for red warrant and blocking of CNIC of the accused has been initiated. He said that twice notices were issued to journalist Shahid Maitla, who had interviewed former army chief General Qamar Bajwa (retired). In the interview, Gen Bajwa talked about the kidnapping of Matiullah.

Salahuddin submitted that according to the Islamabad police’s report, in Absar Alam case, some progress has been made, but the police report about Matiullah Jan’s case is an “eyewash”.

The PAS and the IHCJA have filed a constitutional petition through advocate Salahuddin Ahmed requesting the court to declare that the FIA’s notices to the journalists are in violation of articles, 19, 19-A, 175, and 204 of the Constitution and ultra vires PECA 2016, and strike down the Federation’s notification dated 16.1.2020.

The court reporters’ associations had submitted that several of their members have received FIA notices. They had said freedom of speech is the cornerstone of any democratic State governed under the rule of law. It is not merely a liberty inhering in the citizens of a free state. It is both an essential prerequisite to the meaningful exercise of the right to vote and a check against abuse or misuse of power by state institutions.

The federal government, on 16.1.2024, constituted a joint investigation team (JIT) under Section 30 of the PECA, 2016, comprising (i) Additional director general (Cyber Crime Wing) FIA, (ii) Representative of IB (not below BS-20), (iii) Representative of ISI (not below BS-20), (iv) DIG ICT Police, (v) Representative of PTA (not below BS-20), and (vi) Any other co-opted member.

On 25.1.2024, the FIA issued notices under Section 160 CrPC to various persons in relation to numerous inquiries registered in different FIA Cyber Crime Reporting Centres [‘CCRC’] all over Pakistan. The gist of allegations specified in the notices is “[e]xplicit and malicious campaign against Hon. Judges of Supreme Court of Pakistan” and “derogatory remarks against the Superior Judiciary of Pakistan”. No further particulars are given nor is it mentioned what was allegedly stated by the persons to whom such notices are addressed.

Copyright Business Recorder, 2024