Harassment case: SC restrains FIA from arresting journalists till next hearing

ISLAMABAD: The Supreme Court (SC) on Wednesday restrained the Federal Investigation Agency (FIA) from arresting journalists till the next date of hearing.

A three-member bench of the apex court, headed by Chief Justice Qazi Faez Isa, heard the cases related to harassment of journalists.

Barrister Salahuddin Ahmed, counsel for Press Association of the Supreme Court (PAS), argued that action is taken against journalists in the name of interference in privacy.

Chief Justice Qazi Faez Isa observed that even the best law can be misused. “How do you qualify privacy? Can someone take pictures of you in your room or washroom,” the CJP asked the counsel.

Barrister Salahuddin submitted that the FIA has become accustomed to the misuse of PICA law adding that Islamabad High Court has declared a part of PICA Section 20 null and void.

The chief justice asked the counsel if this was a reported judgment of the Islamabad High Court.

The counsel, however, replied that that this section was annulled only in a short ruling adding that he did not think that a detailed decision had come.

The chief justice said that an entire ordinance was also annulled in this decision and asked the counsel as to whether this decision was challenged. “I think this decision has not been challenged and it has become final,” the counsel replied.

Barrister Salahuddin submitted that the FIA itself could not lodge a case. He read out the notices issued to journalists in connection with the campaign against judges. He submitted that the complainant in this case was an officer of FIA.

The CJP questioned as to whether the law was violated in this case adding that this is a notice under Section 160 of the Criminal Code. “This is a notice before the registration of the FIR and I can also get such a notice tomorrow,” the chief justice remarked and asked the counsel as to why he was imagining that they would file an FIR. The chief justice added that many times there was a lot of pressure from above and the officers while removing the pressure issue a notice but do not lodge an FIR.

“If you show that something illegal has been done, then we will annul it but will not annul a legal process,” the CJP told the counsel.

The counsel, however, submitted that it was necessary to provide full details of the case along with the notice. “I should be given the reasons first before calling me to the police station,” the counsel submitted.

“You say that FIR is mandatory before summoning,” the CJP told the counsel and said may be that officer is calling you to verify the facts before the FIR.

Justice Naeem Akhtar Afghan observed that the issue of registration of FIR comes first and summons come later.

The chief justice asked the counsel as to whether he wants this notice to be replaced by Section 157 instead of 160. The counsel replied that the notice can come only if the FIR has been registered.

Meanwhile, the court adjourned the hearing till April 2 and declared that the FIA should not arrest the journalists until the next date of hearing.