The Supreme Court has castigated the Federal Investigation Agency (FIA) for harassing media personnel, while noting that authorities issued notices to journalists under the guise of investigating an online campaign against the superior judiciary—an investigation that the SC never ordered.
A three-member bench led by Chief Justice Qazi Faez Isa on Monday took up a joint petition filed by the Press Association of the Supreme Court and the Islamabad High Court Journalists Association on February 29.
In their petition, the journalist organizations had requested the apex court to strike down a notification issued by the last interim government on January 16 to constitute a Joint Investigation Team (JIT) to identify people behind a “malicious campaign” against SC judges.
They had contended that the FIA has no jurisdiction to inquire into or investigate the so-called “explicit and malicious campaign against judges of the SC” or “derogatory remarks against the superior judiciary of Pakistan”.
During the hearing, when the court asked officials if the FIA filed the First Information Report (FIR) against the alleged campaign on the basis of a complaint moved by any SC judge or the court’s registrar, the FIA replied in the negative.
“The inquiry notice [sent to various journalists] states that a campaign was launched against the judiciary, while there is no mention of a campaign against the judiciary in the FIR. In this case, the judiciary has been used as a pretext,” Justice Isa noted.
Read JIT puts CJP Isa's assurances on trial
The CJ said neither did any Supreme Court judge file a complaint with the FIA, nor did the registrar register a complaint.
He said the Supreme Court's name was used to create an impression as if the action was taken upon the judiciary's directive, damaging the image of the judiciary in the eyes of the public.
“Why not take action against the FIA for defaming the judiciary? The relevant officers of the FIA themselves are becoming the cause of defamation of the judiciary,” he added.
In their petition, the journalistic organization had also requested the SC to declare Rule 17 of the PECA Investigation Rules 2018 and Section 30 of PECA 2016 ultra vires, and strike it down, “insofar as it allows the inclusion of intelligence and other government or public sector organisations/ agencies in a JIT”.
The CJ also noted as to how officials of intelligence agencies could be included in the JIT. “Intelligence agencies are not an enforcing agency; they do not have the authority to enforce the law. The enforcement of the law is not within their purview," he said.
The petitioner’s lawyer Barrister Salahuddin stated that the FIA initiated 115 inquiries and issued 65 notices. He said laws against contempt and disrespecting the judiciary are already in place. If the judiciary delegates its authority to the FIA, it would be misused.
The Supreme Court later rejected the reports compiled by the FIA and the police. The court ordered detailed reports from both as it adjourned till March 25.
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