The Islamabad High Court (IHC) on Thursday said that the FIR registered against Mohsin Baig, a senior journalist, on the complaint of Federal Minister Murad Saeed was a ‘classic example’ of the misuse of powers, reported 24NewsHD TV channel.
During the hearing of petitions filed against the Prevention of Electronic Crimes (Amendment) Ordinance, 2022 (PECA), Chief Justice (CJ) of the IHC Justice Athar Minallah remarked it was strange that the journalist was arrested on the very day FIR was registered against him.
He said the question was as to why government departments worked at such a brisk pace when the case was related to a public officeholder.
The CJ, on the occasion, asked the Attorney- General of Pakistan (AGP) Khalid Jawed Khan to read the text of the FIR registered against Baig.
He was of the view that there was no concept of ‘defamation of institutions’. “Public officeholders and people’s representatives, on the other hand, must volunteer themselves for public criticism,” he opined.
The judge went on to say that there might be some pleasant things written in a book which the journalist had referred to during a live TV talk show, which infuriated the federal minister. “However, if somebody has a ‘dirty’ mentality, he or she will interpret the reference to the book given in the talk show according to his or her own understanding,” CJ Minallah said, and questioned as how section 21-D of PECA could apply to Mohsin Baig.
The AGP replied since the matter was sub judice, he did not want to comment on it.
Speaking on the occasion, the advocate general (AG) said a trial court could also hear the case of registration of FIR against Baig.
This angered the chief justice who replied, “What are you talking about? Do you want that there should be no criticism of individuals and institutions in the country? Where do you want to take this country to?,” he put a series of questions to the AG.
CJ Minallah told the AG that in the entire world cases of defamation had been excluded from the criminal law. “Even if somebody talks about destroying the country, even then this statement does not merit treatment under the criminal law,” he said, and added. “You please first go through all FIA cases.”
The IHC CJ said he knew that Prime Minister Imran Khan believed in freedom of speech.
The AGP said that he had another meeting with the prime minister on the subject on the court’s order. “I would not say that the PECA ordinance was not in my knowledge,” he said, adding neither he thought that institutions and individuals needed to invoke sections of criminal law for their protection against defamation.
The AGP further said there was no need to regulate print and electronic media under the ordinance under review. “And the prime minister has agreed with my arguments,” he told the court.
However, at the same time, Khalid Jawed Khan said there were sections in the ordinance which could not be repealed. “I was opposed to the idea of hanging. But later, I had to change my mind when I read other cases,” the AGP informed.
He prayed to the court to send the case back to the federal cabinet so that the government could take decision in this regard by taking all the stakeholders on board.
He also assured that the Federal Investigation Agency (FIA) would not arrest anybody under section 20 of the PECA ordinance until and unless report was submitted to the court.
The court then adjourned hearing of the case until March 14.
Reporter: Ihtesham Kiani