Breaking legal barriers post-retirement: IHC tells FIA to decide plea for case against two ex-army generals, two journalists

ISLAMABAD: The Islamabad High Court (IHC) has directed the Federal Investigation Agency to decide a plea seeking the registration of a case against two retired army generals and two journalists for allegedly distorting facts about various events, showing negligence and breaking legal barriers after retirement.

The court also issued notices to the FIA and others on an application filed by former army chief General (retd) Qamar Javed Bajwa with regard to the maintainability of the plea.

IHC Chief Justice Aamer Farooq heard the miscellaneous application filed by General (retd) Bajwa.

The petitioner’s counsel Umar Ejaz Gilani raised an objection to the application for the registration of a case. He submitted that it was said six months that an application had been given, but now it has been learnt that the FIA has not received it.

The counsel said the citizen who sought a case has now filed an application with the FIA and submitted the receipt to the court. He further argued that the application that is filed after six months has no value in the law and it should be dismissed. FIA officials submitted that the application had been received and the authority would decide it after perusal in accordance with the law.

The chief justice observed that the FIA should first examine if there was any crime committed or not.

Counsel Hafiz Arafat, representing journalist Javed Chaudhary, requested the court to refer the matter to a two-member bench for further hearing if deemed appropriate. The chief justice remarked that the FIA has to decide the inquiry as per the law and rules and the court cannot directly ask them to register a case.

The IHC observed that if felt necessary it can refer the matter to a division bench.

The court further observed that investigation officer should be told to see the matter in accordance with the law as there are journalists and other persons named in the application. The court adjourned the hearing for a date to be fixed by the office.