Salman Ahmad responds to FIA cybercrime notice

Notice is 'unlawful, illegal, and defective', says reply by the artist

Renowned guitarist and former prime minister Imran Khan's focal person on culture Salman Ahmad on Saturday responded to a notice by the FIA Cybercrime wing and asked the agency to provide him in writing, the specific allegations against him, including the alleged social media post on which an enquiry has been initiated against him. 

"This is with reference to our letter dated 18.07.2022 (hereinafter the “Letter”) bearing reference no. FIA/CCRC/SA-01 in which our Client, Mr. Salman Ahmed (“Client”), raised strong legal and factual objections relating to the titled notice dated 13.07.2022 (“Notice”) u/s 160 Cr. P. C. issued to him in enquiry no. E-2018/22 initiated by FIA CCRC. Our Client further sought another date to record his statement, and present his defence. It was verbally communicated to the counsel of our Client, that our Client is being allowed time till 28.07.2022 to record his statement, and present his defence," stated the response by the artist. 

The reply by Ahmad further says that the earlier letter sent to the FIA said the notice was "unlawful, illegal, and defective, since, inter alia, it is utterly vague and non-specific and does not even mention the specific allegation".

"In this regard, reliance is placed on a decision of the Honourable Islamabad High Court in writ petition no. 2939/2020 titled “Rana Muhammad Ashraf v. Federation of Pakistan” in which the court directed that the guidelines issued by the Honourable Supreme Court, to the National Accountability Bureau for issuance of notices, in “Dr. Arsalan Iftikhar v. Malik Muhammad Riaz & Others”, cited as PLD 2012 Supreme Court 903, shall also apply to the Federal Investigation Agency (FIA)."

"As per the aforesaid guidelines, the officials of the FIA are obligated to act in a just, fair, equitable, and reasonable manner, and in continuation thereof, they are required to clearly identify and particularize in a notice (i) the information being sought under a notice; (ii) the nexus of such information with the enquiry being conducted; and (iii) the fact, point, allegation, offence, name of the accused, and specified matter. It is also pertinent to mention that a circular dated 28.06.2021 was also issued by the Director (Operations) Cybercrime Wing FIA which requires all enquiry/investigation officers of the FIA to comply with the aforesaid directions of the Honourable Islamabad High Court," added the reply today. 

" In clear violation of the above-noted observations of the superior courts of Pakistan and FIA’s own circular regarding the issuance of notices u/s 160 Cr. P. C., to date, our Client has not been officially communicated, inter alia, the specific allegations against him and the subject social media post. This also amounts to a gross violation of our Client’s right to due process and fair treatment under the law. Please note that our Client’s right to put forth his defence in respect of the allegations against him will be severely prejudiced if the specific allegations against him are not communicated to him."

He had earlier alleged that Interior Minister Rana Sanaullah's workers and his "Gullu Butts" are threatening him.