ISLAMABAD - The Islamabad High Court (IHC) on Monday issued show-cause notice to Director Federal Investigation Agency (FIA) Cyber Crime Wing for abuse of power during raid at the house of media owner and analyst Mohsin Jamil Baig.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah directed Babur Bakht Qureshi, Director Cyber Crime FIA, to explain why proceedings may not be initiated against him or other officials for violating the SOPs submitted, and the unambiguous assurances given before the court regarding ensuring safeguards against abuse of the offences under the Act of 2016, which have criminalised defamation.
The IHC bench also put Attorney General to notice to satisfy the court that the rampant abuse of criminalised defamation under the Act of 2016 is not violative of the scheme of the Constitution and the fundamental rights thereunder, particularly guaranteed under Articles 19 and 19A.
Justice Athar also directed the Inspector General of Police, Islamabad Capital Territory to ensure that investigation in case of FIR No 87/2022, dated 16-02-2022, is conducted fairly, in accordance with law and without causing harassment to the petitioners.
The court issued the direction while hearing the petitions of Mohsin Jamil Baig and Shaila Jamil Baig who have challenged the proceedings and registration of criminal cases. FIR No 34/2022, dated 16-02-2022, was registered by the Federal Investigation Agency under sections 20, 21(d) and 24 of the Prevention of Electronic Crimes Act, 2016 and sections 500 and 505 of Pakistan Penal Code, 1860. The said FIR was registered at the Lahore office of FIA pursuant to a complaint filed by Murad Saeed, Minister for Communications, Government of Pakistan.
The court said that on the said date and around the same time when the aforementioned FIR was registered, a team of officials of FIA raided the residence of the petitioners at Islamabad and it was alleged that Mohsin Jamil Baig resisted his arrest, which led to registration of FIR No 87/2022, dated 16-02-2022. 2.
Raid at residence of media house owner Mohsin Baig
Court asks FIA director to justify registration of FIR, hasty raid conducted at residence of Baig
The court asked Babur Bakht Qureshi, Director Cyber Crimes FIA, to justify registration of FIR No 34/ 2022, dated 16-02-2022, and the hasty raid conducted at the residence of the petitioners. He was asked to explain the hasty and apparently uncalled for registration of the criminal case under the Act of 2016 in violation of unequivocal assurances given by him before this Court and the SOPs intended to ensure safeguards against abuse.
It added that registration of criminal case and the action regarding attempted arrest of Mohsin Jamil Baig was in obvious violation of the SOPs submitted by FIA before this Court and the august Supreme Court.
The FIA Director was not able to satisfy the court that the offences under the Act of 2016 mentioned in FIR No 34/2022, dated 16-02-2022, were attracted.
The IHC Chief Justice said in his order, “It was alarming to note that the offence under section 21(d) was also invoked in the FIR. The complainant is not an ordinary citizen but an elected public office holder and a plain reading of the FIR shows that he had not complained of any act constituting the offence under section 21(d) of the Act of 2016.”
He continued that consistent abuse of the Act of 2016 by the FIA has raised questions of paramount public importance. The threat of arrest can effectively discourage exposing wrongdoings and corruption of public office holders and public bodies. He said that they exist to solely serve the people. Criminalization of defamation and its abuse, prima facie, appears to be in violation of the Constitution and the fundamental rights guaranteed thereunder.
“Public office holders cannot be perceived or seen as complacent to the rampant abuse of the criminal offence of defamation. The criminal offence of defamation, therefore, cannot be resorted to by public office holders to protect their reputations let alone resorting to abuse of powers vested in a state controlled agency or institution such as the FIA,” added Justice Athar.
He further noted that threat to free speech or abuse of oppressive and draconian powers having the effect of stifling the rights of the people cannot be tolerated in a democratic society governed under the Constitution.
He said that it is inevitable to strike a balance between guaranteeing the fundamental right to freedom of expression on the one hand and protecting the reputation of individuals on the other.
Later the court directed to relist the case on February 24 along with the petitions wherein vires of offences under Act of 2016 have been challenged.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah directed Babur Bakht Qureshi, Director Cyber Crime FIA, to explain why proceedings may not be initiated against him or other officials for violating the SOPs submitted, and the unambiguous assurances given before the court regarding ensuring safeguards against abuse of the offences under the Act of 2016, which have criminalised defamation.
The IHC bench also put Attorney General to notice to satisfy the court that the rampant abuse of criminalised defamation under the Act of 2016 is not violative of the scheme of the Constitution and the fundamental rights thereunder, particularly guaranteed under Articles 19 and 19A.
Justice Athar also directed the Inspector General of Police, Islamabad Capital Territory to ensure that investigation in case of FIR No 87/2022, dated 16-02-2022, is conducted fairly, in accordance with law and without causing harassment to the petitioners.
The court issued the direction while hearing the petitions of Mohsin Jamil Baig and Shaila Jamil Baig who have challenged the proceedings and registration of criminal cases. FIR No 34/2022, dated 16-02-2022, was registered by the Federal Investigation Agency under sections 20, 21(d) and 24 of the Prevention of Electronic Crimes Act, 2016 and sections 500 and 505 of Pakistan Penal Code, 1860. The said FIR was registered at the Lahore office of FIA pursuant to a complaint filed by Murad Saeed, Minister for Communications, Government of Pakistan.
The court said that on the said date and around the same time when the aforementioned FIR was registered, a team of officials of FIA raided the residence of the petitioners at Islamabad and it was alleged that Mohsin Jamil Baig resisted his arrest, which led to registration of FIR No 87/2022, dated 16-02-2022. 2.
Raid at residence of media house owner Mohsin Baig
Court asks FIA director to justify registration of FIR, hasty raid conducted at residence of Baig
The court asked Babur Bakht Qureshi, Director Cyber Crimes FIA, to justify registration of FIR No 34/ 2022, dated 16-02-2022, and the hasty raid conducted at the residence of the petitioners. He was asked to explain the hasty and apparently uncalled for registration of the criminal case under the Act of 2016 in violation of unequivocal assurances given by him before this Court and the SOPs intended to ensure safeguards against abuse.
It added that registration of criminal case and the action regarding attempted arrest of Mohsin Jamil Baig was in obvious violation of the SOPs submitted by FIA before this Court and the august Supreme Court.
The FIA Director was not able to satisfy the court that the offences under the Act of 2016 mentioned in FIR No 34/2022, dated 16-02-2022, were attracted.
The IHC Chief Justice said in his order, “It was alarming to note that the offence under section 21(d) was also invoked in the FIR. The complainant is not an ordinary citizen but an elected public office holder and a plain reading of the FIR shows that he had not complained of any act constituting the offence under section 21(d) of the Act of 2016.”
He continued that consistent abuse of the Act of 2016 by the FIA has raised questions of paramount public importance. The threat of arrest can effectively discourage exposing wrongdoings and corruption of public office holders and public bodies. He said that they exist to solely serve the people. Criminalization of defamation and its abuse, prima facie, appears to be in violation of the Constitution and the fundamental rights guaranteed thereunder.
“Public office holders cannot be perceived or seen as complacent to the rampant abuse of the criminal offence of defamation. The criminal offence of defamation, therefore, cannot be resorted to by public office holders to protect their reputations let alone resorting to abuse of powers vested in a state controlled agency or institution such as the FIA,” added Justice Athar.
He further noted that threat to free speech or abuse of oppressive and draconian powers having the effect of stifling the rights of the people cannot be tolerated in a democratic society governed under the Constitution.
He said that it is inevitable to strike a balance between guaranteeing the fundamental right to freedom of expression on the one hand and protecting the reputation of individuals on the other.
Later the court directed to relist the case on February 24 along with the petitions wherein vires of offences under Act of 2016 have been challenged.
