ISLAMABAD: Justice Shaukat Aziz Siddiqui of the Islamabad High Court has remarked that one who levels wrong allegations of blasphemy against anyone, commits a double offence.
While hearing a blasphemy case against bloggers, he also asked as to what should be the punishment for such a person who levels the wrong blasphemy charges against someone. During the proceedings on Friday, Federal Investigation Agency (FIA) Director General (DG) Bashir Ahmed informed the IHC that they found no evidence against the five bloggers, who were accused of committing blasphemy and uploading sacrilegious content on the social media.
However, the court was informed, the FIA is investigating the role of four other bloggers, who were residing outside Pakistan, and the agency had contacted the Interpol to secure their arrest. The FIA completed its investigation and submitted challan in the trial court.
Justice Shaukat Aziz Siddiqui remarked that if no evidence was found against the five accused, they should not be proceeded against. Justice Siddiqui, in a detailed judgment, issued on August 11, had observed that an amendment to the law was needed regarding levelling of wrong allegations of blasphemy, suggesting that the legislature should take note of it. Whosoever wrongfully levels blasphemy charges against a particular person, he deserves the same punishment that is prescribed for the convict of blasphemy, the judgment had said.
In a petition, filed earlier this year, the petitioner Salman Shahid had submitted that some people committed blasphemy against sacred personalities of Islam, which hurt the sentiments of Muslims. He alleged that five persons -- Salman Haider, Ahmed Waqas Goraya, Asim Saeed, Ahmed Raza Naseer and Samar Abbas -- had been hosting Facebook pages with blasphemous material. They made sketches and uttered blasphemous things about the sacred personalities and holy book of Islam as well as Allah Almighty.
The IHC bench was hearing the case of implementing the court judgment of March 31 in blasphemy on social media, about which a detailed judgment was issued on August 11.
The last hearing the court had reprimanded the federal government for its non-serious attitude in dealing with the issue of blasphemy and said, “If same attitude continues and is exhibited by the executive, this court would not constraint (itself) from issuing direction for personal appearance of the worthy prime minister of Pakistan, ministers for law, religious affairs and information technology, to face the contempt of court proceedings.”
During Friday’s hearing, DG FIA told the court that there were certain impediments to dealing with the cyber crimes. “We are forming a separate wing to deal with these issues for which we need approval of the federal government.”
The DG FIA told the court that the agency had capacity to deal with the issues related to blasphemy and pornography, but requested that in order to strengthen the establishment and to improve the working, concept paper of tools required for the purpose has been submitted.
The IHC bench directed the DG FIA to schedule a meeting with the special secretary, Ministry of Interior Rizwan Malik, and place all requirement and demands before him. Special secretary undertook that he would proceed in this matter expeditiously and put the issue on top priority. It is to mention here that the IHC bench, in its March-31 judgment, had also passed certain directions for amendments to the laws regarding blasphemy, pornography and false accusations of blasphemy in the Prevention of Electronic Crimes Act (PECA-2016).
On Friday, an additional attorney general (AAG) Afnan Karim Kundi submitted a draft bill for amendments to PECA-2016, adding blasphemy and pornography as offences. He also submitted a comparative statement showing existing and proposed provision in the PECA.
After certain observations, the AAG conceded that certain aspects need more clarification. The AAG said that blasphemy and pornography were required to be brought under Section 2 of the Act and in addition to the punishment, provided in Pakistan Penal Code.
Regarding false accusations of blasphemy, the AAG said that certain amendments would also be made to cover this aspect. The AAG stated that proposed amendments to extending jurisdiction of FIA in the schedule of FIA Act will be placed before the cabinet on Dec 26.
Special Secretary Interior Rizwan Malik told the court that in compliance of the court judgment of March 31, progress has been made against the NGOs advancing foreign countries agenda in Pakistan. The IHC bench, however, directed him to submit an independent report in this regard, as to what steps and measures had been taken so far against the NGOs. In March 31 order, the IHC bench had directed the FIA “to identify NGOs operating in Pakistan with an agenda to spread blasphemy and pornography, obviously with financial assistance of different groups within or outside Pakistan”.
A caretaker chairman of Pakistan Telecommunication Authority (PTA), Abdul Samad, told the court that a silencer system was installed in 2008, but that was limited to audio/voice recognition. Now to bring sophisticated system covering all aspects, aid of federal government was required, the PTA stated. The IHC bench directed the PTA to submit demands to the Ministry of Interior special secretary.
The IHC bench has given strict observations about the channels which, in compliance with the code of conduct 2015, were not airing 10% public service messages of their air time. The bench said that this is naked violation of the code of conduct by all stakeholders to which Pakistan Broadcasters Association was also a signatory.
Justice Siddiqui said that if TV channels wren not adhering to the requirement of sparing 10% air time for public service messages, why the federal and provincial governments were paying these channels for advertisements through the government exchequer. The bench directed secretary ministry of information to intimate all channels that in case they don’t allocate 10% air time for public service messages, no advertisement would be given to the channels irrespective of their ratings. The bench directed Pakistan Electronic Media Regulatory Authority (Pemra) to submit a report in this regard.
Later, the matter was put of for January 26. In the main petition, petitioner Salman Shahid, through his counsel Muhammad Tariq Asad Advocate, had been seeking blockage of blasphemous pages on social media and directions for the government to initiate legal proceedings against the page administrators.
