The Islamabad High Court has issued a contempt of court notice to the FIA Cybercrime Wing Director while directing him to submit his affidavit to the court in the Mohsin Baig arrest case, reported 24NewsHD TV channel on Monday.
The court while reprimanding the director told him that if he succeeded in satisfying the court then the court would withdraw notice against him. With this, the court disposed of senior journalist Mr Baig’s petition seeking dismissal of cases registered against him under the terrorism law.
The court also summoned Attorney General Khalid Jawed Khan in a personal capacity to argue the case of the FIA.
The court adjourned the case hearing till Feb 24.
Earlier, the Islamabad High Court expressed its ire over the FIA Cybercrime wondering why cases are being registered on the charges of defamation as the decriminalizing of smearing is gaining currency all over the world.
The court observed that in Pakistan, criminal law is being used to protect the honour of public representatives.
IHC Chief Justice Athar Minallah heard petitions against the FIA raid on senior journalist Mohsin Baig and the dismissal of cases against him under the PECA and terrorism laws.
The CJ while expressing his extreme annoyance over the FIA Cybercrime team’s raid at Mr Baig’s house and his arrest, summoned its director.
When FIA Cybercrime Director Babar Bakht appeared before the court, the CJ chided him for making an arrest like this. He asked the director why he did not obey the SOPs. He said that the court was ignoring him again and again but he kept on abusing his authority every time. The chief justice asked him where did he receive the complaint and where did he get it?
The director told the court that Minister Murad Saeed registered his complaint against the journalist in Lahore on Feb 15.
The CJ asked him whether the minister had gone on Lahore visit. He further inquired had the FIA issued any notice to the journalist?
On this, the FIA director replied in negative.
Chief Justice Minallah remarked if you read the FIR, it appeared that the FIA was humiliating itself adding that “it’s a classic example of authority abuse by the FIA.”
The director contended that he had the right to search houses and this right was given to him by the state.
The CJ wondered whether he was above the law.
He asked the FIA director how many people were present in the TV programme in which the ‘insulting remarks’ were used.
He said three other people were also participating in the programme.
The judge asked him why he did not arrest the others. He remarked defamation was being decriminalized all over the world but in Pakistan, we were using criminal law to protect the ‘honour’ of politicians.
Justice Minallah asked the director what was derogatory in the programme.
The director said that the reference to Reham Khan’s book was derogatory.
How come the reference to a book became objectionable and offensive, the judge remarked.
After that, the court issued a show-cause notice to him saying that the FIA was continuously transgressing from its authority.
The judge said this was intolerable in a democratic dispensation. He said he had already issued vivid instructions regarding the PECA rules.
He remarked that why not the court let the proceedings continue as per the law in the police case. No doubt the raid was wrong, but nobody could be allowed to take law into his own hands, the judge said adding that the writ of government should not be challenged.
ATC extends journalist’s physical remand for two days
Meanwhile, the anti-terrorism court on Monday gave a two-day extension in the physical remand of journalist Mohsin Baig.
The anti-terrorism court judge Muhammad Ali Warraich also issued a summoning notice to the Medical Superintendent of Poly Clinic when Mr Baig’s medical certificate could not be submitted to the court.
The court summoned the MS on Feb 23 asking him to bring Mr Baig’s medical record along with him.
The counsels for Mr Baig filed a new petition for the submission of the journalist’s medical record.
It is pertinent to mention here that that the ATC has twice awarded the physical remand of Mohsin Baig.
A case has been registered against the journalist in Margalla police station under the anti-terrorism law.
Reporters Ehtisham Kiyani, Usman Javed