Smear campaign against judges: No action against journalists till polls, SC assured

ISLAMABAD: The federal government on Tuesday assured the Supreme Court of Pakistan that journalists who were issued notices over their alleged involvement in a smear campaign against judges would not be proceeded against till the general elections scheduled for February 8.

A three-member bench of the apex court, headed by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard a suo motu case of harassment of journalists as well as recent notices issued to some journalists and YouTubers by the Federal Investigation Agency (FIA).

Attorney General Mansoor Usman Awan assured the court that the government had postponed proceedings in the matter related to the issuance of notices to journalists by the FIA until the general elections.

The court sought an investigation report into an attack on journalist Absar Alam and allowed the Pakistan Federal Union of Journalists (PFUJ) to become a party in the case. The court declared that the Press Association of the Supreme Court (PAS) wanted to file an application on media freedom and the current situation. The court noted in its order that when an application was filed by the PAS, the Registrar’s Office would place it before a judges committee. It was noted in the order that the attorney general had assured postponing action on the notices issued to journalists until the elections and said that notices would be issued again after the elections.

The attorney general again assured the court that no journalist would be harassed and the issue of anti-judiciary statements on social media would be dealt with after the general elections.

The chief justice remarked: “We follow the Constitution and law, criticism does not matter to us, the truth liberates a person, the truth has completely disappeared from all sides.”

Journalist Matiullah Jan requested the court that the issue should be separated from the issue of creating a code of conduct for social media and the FIA should be ordered not to take action against any journalist until the general elections. He said the purpose of this action was to suppress the voice of journalists in the general elections. Lawyer Haider Waheed requested to make rules and regulations for social media with the advice of stakeholders.

Justice Muhammad Ali Mazhar remarked that there was no law to regulate the social media, no regulatory law applied to social media. Justice Isa observed the court could interpret the law but could not make the law. “What to do when there is no law?” the CJP remarked and added that the court could only request the stakeholders to sit together.

Earlier, the counsel for Amir Mir read out the court order of the previous day and requested the government to find out whether the order was implemented or not. The chief justice asked the counsel whether his client being a minister was helpless. The counsel replied in the affirmative, adding that he could not do anything.

Meanwhile, Aqeel Afzal, president of Press Association of the Supreme Court (PAS), requested the court to end the ongoing process of notices being issued to journalists.

The chief justice observed that they had not yet seen the form of the notice, how they could issue an order. An application should have been filed by the PAS, the CJP remarked, adding that as per the Supreme Court Practice and Procedure Act, a three-member committee would now decide what to do with the application, but the journalists did not file any application. Aqeel Afzal submitted that they had not yet received the list of journalists issued notices.

Addressing the attorney general, the chief justice said: “Yesterday, being careful, we did not pass any order.” He observed that no one was ready to do his job, adding that they were looking at the Practice and Procedure Law. “Show us any paper, how can we proceed in this case?” the CJP said.

Aqeel, however, submitted that despite the court observation, the notices were not returned.

Justice Muhammad Ali Mazhar remarked that the attorney general had assured the court on Monday that no action would be taken against journalists. He said those who received notices could have submitted them to the court. The judge asked if anyone had appeared before the FIA.

The attorney general told the court the JIT was stopped till today. The chief justice said without any written material, they could request the attorney general but could not give him orders.

Aqeel sought 10 minutes for filing a civil miscellaneous application but the AG stressed that there should be a constitutional petition, not miscellaneous. Journalist Matiullah Jan told the court that an attempt was being made to control the media before the elections.

The chief justice asked Matiullah to write down what he wants to say, adding that the court would not listen to verbal requests. The journalist questioned why the institutions were doing this in haste. “They may call us after the elections.”

Supreme Court Bar Association President Shehzad Shaukat submitted that after the court hearing on Monday, there was an impression that the notices had been returned, but even today no one believed that wrong information was disseminated.

President PFUJ Afzal Butt said the FIA had mixed criticism and trolling, adding that all this was being done to target the media.

The chief justice said they (journalists) were probably not aware of the history of journalists, adding that journalists were flogged and jailed in the past. “But you are objecting to the notices,” he said, adding that they also received notices but did not take any injunction. The attorney general assured postponing the matter until the general elections and said now only the statements of journalists making tweets have to be recorded. That’s all what is to do. Justice Musarrat Hilali, while addressing the journalists, said: “You should report carefully this time.” The court adjourned the hearing till the first week of March.