ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed serious displeasure at Islamabad IG Akbar Nasir Khan on Monday as the apex court heard the matter concerning the Federal Investigation Agency’s (FIA) harassment of journalists accused of an anti-judiciary campaign.
Irked over the police’s failure to arrest individuals involved in the abduction of journalist Matiullah Jan in 2020, the CJP while addressing Attorney General of Pakistan (AGP) Mansoor Awan said, “A crime was recorded on camera, but you could not trace those responsible for it?”
“Mr AGP, what kind of an IG is this? He should be removed,” CJP Isa asserted.
The chief justice asked the Islamabad IG how much more time was needed to arrest the abductors if four years were not enough. “Do you need four centuries?” he asked, warning the IG that the whole country had its eyes on his performance.
“It appears from your performance that you are playing the role of a facilitator. Shoot one journalist, torture, or pick up another,” the CJP stated, criticising how cameras installed under the Safe City project also stop working during such incidents.
A lawyer in the courtroom then informed the SC that journalist Asad Toor was currently in jail with an FIR lodged against him.
The chief justice asked the FIA officer how the provisions under which Toor was booked were justified. “Does the FIA have any well-educated individual within its ranks?”, the CJP asked, suggesting the institution get someone to translate the law in Urdu otherwise.
“Did we [the judiciary] complain to you against any journalist? Did you issue notices to journalists in our names? Are you using us to get your work done?” the chief justice asked.
Journalist Asad Toor has been booked under some serious provisions, he said. “How do the provisions, including those about sensitive information, apply here?” CJP Isa further asked, taking the FIA officer to task over not even mentioning the anti-judiciary campaign in the FIR when the summons issued to Toor were regarding running a campaign against the judiciary. “You have used the judiciary to get your work done,” the chief justice asserted.
Barrister Salahuddin informed the court that the JIT to probe the allegations against the journalists was formed before the registration of the cases. He prayed to the court to declare the JIT notification null and void.
The chief justice then inquired why an officer from the Inter-Services Intelligence (ISI) was part of the JIT, as the intelligence agency is not a law enforcement agency and it is also not the jurisdiction of the agency.
Salahuddin further argued that the FIA cannot take action against the journalists under PECA, as only Section 20 of the act deals with such allegations, however, the complainant in such cases should be a ‘natural person’.
The AGP also agreed with the barrister’s arguments and concurred that certain sections of PECA did not apply to the FIR.
The allegations levelled by former commissioner Rawalpindi Liaquat Ali Chattha on February 17 regarding the election commission and CJP colluding to rig February 8 general elections also came under discussion during the hearing.
CJP Isa stated that a commissioner accused him of rigging the elections and the statement was broadcast by all the TV channels without any verification. He added that it is common practice globally that a news piece is first verified before being aired. “No journalist asked the accuser what proof he had. Does this happen anywhere in the world?” the CJP asked. “However, should the judiciary have issued notices to all the TV channels?” he rhetorically asked.
He again warned the investigative agency to not “use” the judiciary. “A person threatened to kill me, but the SHO sat on the application for five days. I was then told that I will be informed of the progress on the matter after instructions are taken from the minister,” the CJP said, further adding that a false report was submitted in the SC in the Matiullah Jan abduction case. “Are the number plates of vehicles in which the kidnappers come not visible?” CJP Isa asked.
Barrister Salahuddin then argued that the FIA initiated 115 inquiries and issued 65 notices. “Laws for defamation and contempt of court are in place and if the FIA takes over the rights of the judiciary, they will be misused.”
Rejecting the reports submitted in the case by the FIA and the police, the apex court instructed both to submit detailed reports on the matter and adjourned the hearing till March 25.
Imran Riaz, Asad Toor’s arrest
Renowned vloggers Imran Riaz Khan and Asad Toor were last month issued notices by the FIA’s cyber crime wing to appear at their offices in Lahore and Islamabad respectively. The former was later arrested under anti-corruption and anti-terrorism charges. He was granted bail in the anti-terrorism case two days ago but remains behind bars in the corruption case.
A staunch critic of last year’s coalition government, also the incumbent government, for ousting PTI founding chairman Imran Khan as premier, Imran was forcibly abducted last year and remained missing for at least four months.
Toor, on the other hand, was booked and arrested on charges of running an anti-judiciary campaign on social media under the Prevention of Electronic Crimes Act (PECA) 2016. He is still behind bars.
