Senior journalist Mohsin Jamil Baig cse: we will not allow FIA to turn into rogue agency: IHC

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Islamabad High Court (IHC) while issuing show cause notice to director FIA Cyber Crime has ordered him to file his affidavit and satisfy the court why he misused his powers during the hearing of the case related to raids on the senior journalist Mohsin Jamil Baig home.

The court further remarked “ FIA is persistently abusing its powers . African countries have excluded defamation case from criminal laws. Pakistan is ranked at 8th number among the insecure countries for the journalists. This is only due to the reason that powers are misused here. If you satisfy the court then the notice will stand abolished.
The court while summoning Attorney General (AG) Khalid Javed Khan in person remarked AG should defend FIA by appearing in the court.
The case came up for hearing before a single bench of IHC presided over by Chief Justice (CJ) Athar Minallah here Monday.

Director Cynber Crime FIA Babar Bakht Qureshi appeared in the court.

The court inquired from FIA during the hearing of the case you had given what undertaking to this court and Supreme Court (SC). Have SOPs been made. You were asked you have kept defamation case under criminal law.

Justice Athar Minallah remarked FIA will not be allowed to turn into rogue agency. Your job is to serve the people. In every case FIA is overstepping its powers.

CJ IHC inquired from Director Cyber Crime Wing you had received complaint where.
Director FIA Cyber Wing told federal minister Murad Saeed lodged complaint in Lahore on February 15.

The court asked question had Murad Saeed gone there on visit.

The court remarked “ you should read out and tell the defamation aspect lies in what sentence.

Director Cyber Wing FIA read out the sentence spoken by Mohsin Jamil Baig about Murad Saeed saying reference to book has been given in this sentence.

CJ Justice Athar Minallah inquired has Mohsin Baig told the page number of the book in the program.

Director Cyber Wing replied No. Such thing was not said in the program.

CJ IHC Athar Minallah remarked “ we are issuing you show cause notice of contempt of court.

Director FIA Cyber wing said we are your children. FIA personal was thrashed.

Justice Athar Minallah remarked “ neither you are my children nor I am your father.

CJ IHC Athar Minallah inquired did you issue any notice to Mohsin Jamil Baig on receipt of complaint.
The court remarked it is in your law that you have to hold inquiry first. You did not conduct any inquiry because complaint was filed by the minister. If talk show is held on TV then the respective section is not applicable.

Director Cyber wing said when talk show went viral on face book, twitter and social media then we took action.

The court inquired what inquiry you conducted. Did the accused make that clip viral on social media. How many people participated in this program. When all of them said this thing then why the action was not taken against the remaining three persons.

Director Cyber crime wining FIA told the court all the remaining people did not say what Mohsin Baig said.

CJ IHC observed “ are you sure of it. Have you seen that clip.

Additional Attorney General (AAG) told the court all know it what was written in the book.

The court remarked what all the know. You may know it. If the complaint would have been general even then matter of arrest was not involved. This was application from public office holder. FIA is giving what message to the whole WORLD. This is a constitutional court and this country is country running under constitution. Arrest is a threat that there is no freedom of expression. Court will not tolerate this.

The court observed if you want to talk on merit then tell what is obscenity. If some one refers to a book then the obscenity lies where. If some one is threatening by referring to this book then there may have been some thing in this book.

The court while addressing to Additional Attorney General remarked AAG Sahb why are you feeling ashamed. Has the name of Murad Saeed been written on only one page of the book.

AAG told the court he has not read this book.

The court remarked “ then how are you saying so .Disregarding the constitution is the biggest obscenity. Imposing ban on freedom of expression is the biggest obscenity. Abusing powers is the biggest obscenity.
The hearing of the case was adjourned till Thursday, February 24.