ISLAMABAD - Islamabad High Court (IHC) on Wednesday directed the Additional Attorney General (AAG) to submit a report explaining why proceedings may not be initiated against the Director Cyber Crime of FIA for misleading the court in harassment of journalists case. 

A single bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions while hearing matter against the illegal use of powers vested in the Federal Investigating Agency (FIA) under section 20 of the Prevention of Electronic Crimes Act (PECA), 2016 on the complaints filed against cyber crimes. 

The court observed that the petitions in hand have raised questions of paramount public importance in the context of exercise of the powers vested in the FIA under section 20 of the PECA. It said that the offence has criminalised defamation and the abuse of the powers by the agency has profound consequences for the fundamental rights of the citizens, particularly relating to Articles 19 and 19-A of the Constitution.  

It mentioned that this court vide judgement, dated 03.11.2020 passed in W.P.No.2939 of 2020 titled ‘Rana Muhammad Arshad vs. Federation of Pakistan, etc’ had given specific directions so as to prevent the abuse of powers by the agency and to safeguard the fundamental right of free speech and freedom of expression.  

However, Justice Athar remarked, “Regrettably no action seems to have ensued either by the agency or the federal government. Despite repeatedly advising the agency to exercise care, this court has been receiving grievances regarding abuse of the powers by the agency. The actions of the investigating officers while dealing with the complaints relating to section 20 of the Act of 2016 have, prima facie, created a perception as if powers were being exercised to suppress dissent or specific undesirable political opinions.” 

“The grievances brought before this court have, prima facie, made it obvious that the complaints were not being dealt with fairly and in a professional manner. Such conduct was likely to have serious consequences for the constitutional guaranteed rights of the citizens, particularly under Articles 19 and 19-A of the Constitution,” maintained the IHC Chief Justice. 

He also mentioned that on 30.06.2021, Babar Barkat, Director of the Cyber Crime of the Agency had appeared and had assured this court that in order to ensure that powers are not abused, Standard Operating Procedures would be prepared to guide the investigating officers while dealing with complaints relating to section 20 of the Act of 2016. 

The IHC CJ said that on the last date of hearing, the court was informed that the SOPs had been duly prepared and circulated throughout the country to prevent abuse of powers by the investigating officers. 

He said that this court has been informed that persons engaged in the profession of journalism had been kept in illegal confinement and harassed by officials of the agency in Lahore in violation of the assurances given before this court and the SOPs prepared and circulated by the Cyber Crime Wing of the Agency.  

The AAG said that he would seek a report from the Director General of the FIA regarding the alleged abuse of powers by officials.  

The bench directed that the AAG shall also seek a report from the Secretary Ministry of Interior regarding the actions taken in compliance with the directions given by this court. 

It also directed the AAG to submit a report before the next date fixed, inter alia, explaining why proceedings may not be initiated against the Director Cyber Crime of the Agency for, prima facie, misleading this court and allowing the officials, directly or indirectly to violate the prescribed SOPs 

Later, the bench deferred the hearing till September 27 for final arguments by the counsels for the parties.