Cases against journalists to be dropped, SC told

CJ asserts distinction between wrong law and its application

ISLAMABAD:

 

Chief Justice Qazi Faez Isa emphasized during Monday's proceedings that while a flawed law and its misapplication were distinct issues, the court's authority did not extend to preventing the registration of any First Information Report (FIR).

Leading a three-member bench, presiding over a suo motu case addressing the harassment faced by journalists, the chief justice underscored that while an FIR might be flawed, each case would be examined individually by the court.

He noted that the court had initiated suo motu proceedings on the harassment of journalists back in 2021, lamenting that had the matter been resolved promptly, the current situation could have been avoided. He emphasized the severity of the issue, suggesting it surpassed mere Federal Investigation Agency (FIA) notices.

Barrister Salahuddin, representing the Press Association of the Supreme Court, contended that Section 20 of the Prevention of Electronic Crimes Act (PECA) had been consistently misapplied. He further asserted that while the Federal Investigation Agency (FIA) possessed the power to effectuate arrests, this authority was being wielded to stifle journalists and media outlets.

Read CJ says judges are undeterred by criticism

Expressing concern, the chief justice questioned why individuals who had allegedly faced torture chose to retract their complaints.

He noted a pattern where accusations were made but parties failed to appear in court to present their perspectives. Additionally, he underscored the gravity of filing an FIR for harassment, deeming it a serious offense.

The chief justice inquired about the FIR against journalist Imran Shafqat and asked under which government it was filed. The attorney general replied that it was filed during the tenure of the Pakistan Tehreek-e-Insaf (PTI) government.

Chief Justice Isa asked whether there was any solid case against Imran Shafqat. The AGP replied that, in his view, there was nothing in this case, adding that Imran Shafqat did not commit any serious crime.

He also said that cases against journalists Amir Mir and Imran Shafqat would be withdrawn.

Lawyer Haider Waheed approached the bench with a request that he had filed an application related to media regulations. The chief justice asked whether he had a case of freedom of the press or any other agenda. He asked the lawyer to prove his good intentions first, and the court would hear him.

The court adjourned the hearing of the case until March 27.