Why no stringent law for false accusations?

Sitara-e-Shujaat, Nishan-e-Imtiaz

The introduction of social media in the media industry has revolutionised the medium of communication during the 21st century. However, it also attracted criticism from the wider community for its abuse and misuse by certain individuals to fan hatred, misinformation and intimidation of certain people. It also invited appreciation from majority of people for its role in providing education and knowledge on various social topics.

Certain people used it with criminal intent, for spreading hatred and parochial sentiments and religious division. Recently, law enforcement agencies unearthed different pages on social media through which blasphemous material was being disseminated, which ignited the sentiments of the majority of the people of the country. Besides, social media has been used for character assassination of different personalities through false and baseless accusations.

The Constitution of Pakistan provides protection of all the citizen of Pakistan against all kinds of discriminations regardless of their religion, ethnicity, gender and race. Every citizen of Pakistan is “equal before the law and are entitled to equal protection of law”, as provided under Article 25 of the Constitution. Article 10A of the Constitution is a safeguard for fair trial of any accused person. However, social media in certain cases acted as accuser, prosecutor and the judge while disseminating the allegations against a person on the social media. In certain cases, these cases never landed in the courts because of the unfounded and baseless allegations but till then the reputation of the accused person had already been damaged beyond imagination. The unfortunate part of this smear campaign on the social media had been such that the accuser(s) was never brought to justice for the false accusation. Although Section 182 of PPC provides for the punishment for levelling false allegations but the punishment is not proportionate to the degree of the allegations, as the law states:

“Whoever gives to a public servant any information which he knows or believes to be false with the intention of causing such a public servant to do or omit anything which such public servant ought not to do or omit or use the lawful power of such public servant in order to injure or annoy any person, shall be punished with imprisonment up to six months or with a fine up to Rs1,000/ or with both”.

It was the responsibility of all the successive governments to enact laws and frame rules specifically to deal appropriately with the growing trend of false allegations circulated on the social media. The existing law only provides six months imprisonment of a person who had levelled false allegations against a certain person which is in no way proportionate to the severity of the damage done to the reputation of the accused person and his family. Unfortunately, the lack of appropriate punishment in the law for the person who brought false accusation against a person encouraged the people to settle their own personal score against his opponent through social media. There are quite good number of cases, which were later proved to be based on false accusation but the accusers escaped the punishment for one reason or the other. The most recent case of FIA on cybercrime presented to the Senate overseeing committee shows that over 7000 complaints have been registered in the past but only less than 100 could be converted into proper inquiry. Hon Justice Shaukat Siddiqui has rightly stated that no single accused have been convicted according to prevailing laws.

The teachings of Islam as well as the Constitution of Pakistan do not block the rights of its non-Muslim citizens. The Constitution of Pakistan stands for equality of all citizens irrespective of religion, caste, region, tribe, language and gender and it guarantees the non-Muslims that their freedom to practice and follow their respective religion shall be protected. Our law doesn’t permit any aspersion, slightest insult and any kind of propaganda against our religion, either in printed form or on newly emerged social media. Hence law has to be continued be substantive, powerful and-flawless and Blasphemy-law which perfects and protects any violation.

Recently, Justice Shaukat Aziz Siddiqui, while hearing a writ petition for removal of blasphemous material from the social media, has delivered a very detailed order, after hearing the detailed and exhaustive arguments for and against the petition. In the detailed order issued on August 11, 2017, Justice Shaukat Aziz Siddiqui has expressed serious observations on the lack of implementation of law and also observed the incapability of law enforcement agencies to deal with the cybercrime in Pakistan and has recommended to the government of Pakistan the necessary amendments into it. In his 116-pages detailed judgment, Justice Shaukat Aziz Siddiqui has discussed in detail the common criticism of the blasphemy law with remarks “Admittedly, not a single convict whether Muslim or non-Muslim has ever been executed for blasphemy in Pakistan.” It has also explained how innocent people owing to their personal animosity have been victimised.

The judgment has also observed that under the existing law, the false accuser can only face proceedings under Section 182 of the Pakistan Penal Code (PPC) which entails the maximum punishment of six months or a fine up to Rs1,000 only. “Currently, there is a very minor punishment for falsely accusing someone of blasphemy,” the judgment said. Indeed this is a very minor punishment for such a serious offence of accusing someone of false allegations. In the said judgment, the matter was referred to the legislature to amend the law for awarding the same punishment for lodging a false complaint under the said law.

I believe, in the said highly momentous judgment, Justice Shaukat Aziz Siddiqui has given a future guideline for the parliamentarians to amend the law to make it more effectual and particularly to stop its misuse for personal animosity, gains and interests. This judgment has generated a discussion as to why should not be new legislation only for those who make false accusations for their own ulterior motives.

Let this judgment be applicable on all the legislation including PPC, special acts and tribunal to grip all those lodge fake FIRs and false complaints under various special laws. This will deter all those who misuse law for their own ends. This judgment if implemented in full letter and spirit shall deter the false accusations.

Justice Siddiqui, in his judgment, at the outset, built an argument about how the freedom of speech is a responsibility, and not a right. As rights come with responsibility, he quoted the declaration of rights of the French Revolution, among other historic documents in his judgment which says: “The free communication of ideas and opinion is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.” Along with this, Hon. Justice also quoted the Article 20 of our constitution which clearly states:

Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

In view of this timely and historic judgment of Islamabad High Court, the government should immediately move for necessary amendments for enhancing the punishment for the person who make false allegations against anyone by amending the relevant law to punish the accused who lodge the complaint. Let the main substantive law to remain unchanged and let a law as proposed above be enacted at the earliest in the interest of fair justice.

Levelling false allegations are strictly prohibited and strongly disliked in Islam and as true Muslims we should refrain from levelling false accusation on any individual. Allah the Most Merciful says in Quran, “And whoever commits a fault or a sin, then accuses of it one innocent, he indeed takes upon himself the burden of a calumny and a manifest sin.”

Now, it is the duty of parliamentarians as a whole, and particularly the government to move for the essential and prerequisite amendments into the law.

The government should place this matter before CII and the Law Division should propose the requisite amendments as per the judgment of Islamabad High court. Let this be deliberated in the Parliament to have the collective wisdom and national ownership to avoid any blame game.

In the end I would like appreciate Justice Shaukat Siddiqui Islamabad High Court for showing great wisdom in deciding this difficult issue in the greater national interest.

I as chairman Standing Committee Interior have taken this matter/judgment in the committee during the briefing of National Action plan and directed the ministries of Law and Interior to propose a draft bill we invite all the high court bars as well to contribute in drafting this to block the misuse of our law.

The writer is Chairman of think tank "Global Eye" & former interior minister of Pakistan.

@Email: rmalik1212@gmail.com, Twitter @ Senrehmanmalik, @GlobalEye_GSA, WhatsApp +923325559393