IHC revokes summons for IB, FIA heads

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ISLAMABAD:

The Islamabad High Court (IHC) has withdrawn its earlier order summoning the directors general of the Intelligence Bureau (IB) and the Federal Investigation Agency (FIA), as well as the chairperson of the National Commission on Human Rights (NCHR), for a hearing scheduled for Friday.

The case pertains to a judicial inquiry into alleged organised digital fraud.

"This order is in partial modification of the order passed earlier today. In the earlier order, the Secretaries of the Cabinet Division, the Ministry of Human Rights, and the Ministry of Interior, the Director Generals of FIA and IB, and the Chairperson NCHR were directed to appear in person on the next date," stated Justice Sardar Ejaz Ishaq Khan in a revised order issued later on the same day.

However, the judge noted that upon a detailed review of the case file in chambers after the hearing, the need for their personal attendance seemed premature. This was primarily because the FIA's reply indicated that, despite written requests to the Special Branch of the Punjab Police for evidence supporting its report—the central focus of the writ petition—no such evidence was provided.

Additionally, the focal person appointed by the SSP (Intelligence) Rawalpindi failed to submit any material substantiating the report, apart from general information.

The modified order also highlighted discrepancies in the case that Para 4 of the petition claims that 90 per cent of the complainants in the FIRs were members of the gang mentioned in the FactFocus report dated 29.01.2024, but a quick scan of the FIRs appended with the petition tends to show that not to be the case.

The order added that, for now, assistance would be required only from the counsel for the petitioner and the Additional Attorney General. However, the Inspector General of Punjab Police has been directed to appoint a knowledgeable officer to assist the court in response to the FIA's claim that no substantial material implicating the alleged gang was provided despite their outreach.

Over 100 victim families, represented by advocates Abid Saqi and Usman Warraich, had petitioned the high court for the formation of a judicial commission.

They based their plea on a report by the Punjab Special Branch titled "The Blasphemy Business". The report alleged that a suspicious gang had been entrapping youth in blasphemy cases and extorting money from them after filing complaints with the FIA in Rawalpindi and Islamabad.

The petition claims that this gang is the complainant in nearly 90 per cent of blasphemy cases registered by the FIA. Operating under the name "Legal Commission on Blasphemy," the group is said to consist of both men and women targeting poor and lower-middle-class Muslim families.

A concerning pattern emerges in the FIRs: out of over 400 alleged victims, 70 per cent are young men and women in their twenties or younger. Many of the victims are professionals, including engineers, Hafiz-e-Quran, and degree holders in various fields.

They are reportedly detained in Adiala Jail, Camp Jail, Kot Lakhpat Jail and Karachi Central Jail.

The petitioners revealed that they had approached the federal government with a formal request dated August 4, 2024, seeking the formation of an inquiry commission on the Special Branch's report. However, no action has been taken to date.

On Wednesday, Justice Khan initially expressed displeasure at state authorities for their inaction and summoned the heads of the three institutions.

However, the order has been revised, and the hearing has been adjourned until Friday.