Islamabad High Court (IHC) has remarked FIA powers were misused against the journalists while government itself has given statement on halting the implementation of ordinance.
The cases of senior journalist Mohsin Jamil Baig and PECA amendment ordinance came up for hearing before single bench of IHC presided over by the Chief Justice (CJ) Athar Minallah here Thursday.
Additional Attorney General (AAG) Qasim Wadood appeared before the court.
Qazi Adil advocate, Abdul Razzaq advocate and others represented PFUJ in the court.
The court remarked Powers of FIA were always abused against the journalists. Government itself has given statement on stopping the implementation of ordinance.
AAG told the court there are 94000 cases and 22000 cases out of them have been decided..
The court remarked FIA has not so much potential nor they are so much trained. FIA took specific actions to safeguard the prestige of public office holders. FIA is not meant for protecting the prestige of public office holders.
AAG told the court there are four or five cases out of 22000 cases before this court.
The court remarked one public office holder lodged complaint at 9 am in Islamabad. FIA registered case in Lahore and conducted raid in Islamabad at the same time. Can this court allow to take such steps.
AAG told the court ordinance can not be presented simultaneously in both the houses of the parliament. Section 20 of PECA act should stay in law. Not only in Pakistan but this is there in other countries too with some restrictions.
The court inquired does the government admit that public office holders and the institutions don’t fall under this law.
AAG told the court work of the public office holders can be criticized and they can be held accountable. There should be no personal attacks on them and their relatives. As soon as the flaws will come before us they will be eliminated with the passage of time. We will learn with the passage of time.
The court remarked the fundamental rights of the people can not be breached during your learning process.
AAG told the court the courts are there for safeguarding the fundamental rights of the people.
The court remarked due to this FIA filed the SOPs and committed fraud with the court. Social media reflects society. Why there is impertinence and disrespect on our social media in our society.
AAG told the court social media is highly dangerous tool.
The court remarked why should we consider social media at fault. The gun is meant for self defence but it becomes dangerous when it is given in the hands of a monkey.
The court inquired can any justification be provided for abrogating constitution or law. Non-tolerance in society does not mean that such laws be enacted which could be misused. There are cases before the court wherein misuse of FIA powers have been proved. To whom we should hold responsible for misusing powers in the cases. FIA powers were abused against the journalists.
AAG told the court the law should not be repealed due to such steps of FIA.
The court remarked they misuse the powers on public office holders complaints by filing SOPs in the court. There are things other than reputation too in section 20 of PECA act. It is a serious matter if the pictures of family of some one are shared without permission. If some one is browbeaten at social media it also falls under it.
Usman Warraich, counsel for PFUJ told the court a separate law is there in this regard.
The court remarked these all cases fall under this section. Why all the cases which are before the court do pertain to public office holders.
The AAG told the court there will be public office holders cases before the court. There are more cases too in addition to these cases.
The court remarked why public office holders were given preference to other cases. Why a section on intimidation was not framed separately. In these cases FIA can seek help from PTA.
AAG told the court it might have been considered appropriate by the parliament therefore, legislation was enacted.
The court while seeking report on all the cases pending hearing from FIA remarked director FIA should file the report of all cases today.
The CJ IHC inquired. In what cases FIA report has been filed.
Usman Warraich told the court FIA has filed report only in Absar Alam case. FIA has closed inquiry in this case but it has not ended the case.
The court remarked why did the FIA not file reply in other cases. FIA should file reply in all cases today.
The court while seeking report from FIA adjourned the hearing of the case till today (Friday).
