LHC seeks Punjab police report on FIR registered against journalist Asad Ali Toor

Justice Sadiq Khurram says FIR was registered 'without jurisdiction'

The Rawalpindi bench of the Lahore High Court (LHC) on Tuesday sought a report by the Punjab police pertaining to the first information report (FIR) registered against journalist Asad Ali Toor.

Earlier this month, Asad was booked on charges of spreading “negative propaganda” against the state and its institutions through his social media posts.

During the proceedings today, counsel Umer Gilani, alongside Haider Imtiaz and Sikander Naeem argued that the police acted illegally and maliciously in registering the FIR against the journalist.

The counsel underscored that Sections 29 and 30 of the Prevention of Electronic Crimes Act (PECA), 2016 and Rule 3 of the Investigation Rules, 2018 does not permit registration of a FIR.

In addition, the counsel submitted that the complainant appeared to be a proxy, acting on behalf of the 'forces who cannot tolerate freedom of the media and independence of the judiciary'.

The counsel maintained that the accused Asad Ali Toor has an unblemished criminal record. "He is a professional journalist and has never previously been nominated in an FIR. The only reason why he is now being targeted is because of the fair and bold reporting which he had done in the case of Justice Qazi Faez Isa," the counsel said.

Justice Sadiq Khurram, who heard the case, observed that the FIR was registered without jurisdiction. He, however, said that he must hear both sides before making a decision. Therefore, notices have been issued for filing of the report.

The case was adjourned till October 10.

On September 16, the Islamabad High Court (IHC) granted a one-week protective bail to the journalist.

Chief Justice Athar Minallah granted the bail and ordered the journalist to approach the relevant court within a week.

The complaint, registered by a resident of Rawalpindi named Ehtisham Ahmed, stated that "[Toor] spread negative propaganda and used derogatory language against the government institutions, including the Pakistan Army, which was a grave crime according to the law."

Toor was booked under sections 505 (statements conducing to public mischief), 500 (punishment for defamation) and 499 (defamation) and of the Pakistan Penal Code and sections 37 (unlawful online content), 11 (hate speech) and 20 (offences against dignity of a person) of the Pakistan Electronic Crimes Act 2016.