ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa declared on Monday that no journalist or member of the public can be prevented by the Supreme Court from voicing criticism. He also instructed the Federal Investigation Agency (FIA) not to file a lawsuit against any of these individuals for their criticism of the highest court.
During a suo motu case hearing on journalist harassment, the chief justice addressed the investigative body and directed the immediate removal of notices sent to journalists who had criticized judges.
The top court postponed the hearing on the harassment of journalists to Tuesday (tomorrow), directing the director general of the FIA to meet with the journalists.
In addition, the federal government was ordered by the court to provide a report on the tormenting of journalists within two weeks. CJP Isa stated that the Supreme Court would make a decision about the journalist associations’ request to have the FIA notices suspended when the case reopens on January 30.
The case was heard by a three-judge panel led by Chief Justice Isa and consisting of Justices Muhammad Ali Mazhar and Mussarat Hilali.
Mansoor Usman Awan, the Attorney General for Pakistan (AGP), and representatives of the Press Association of the Supreme Court came before the court. The AGP informed the court of four petitions pertaining to the matter, in which plaintiffs included journalists Asad Toor and Abdul Qayyum Siddiqui.
“While abusive language is a distinct issue, the FIA shouldn’t respond on complaints. Since the Constitution protects journalistic freedom, I vehemently oppose putting an end to criticism,” the chief justice said.
CJP Isa stated that while he doesn’t mind being made fun of, insulting the judiciary will hurt the nation.
CJP Isa filed a suo motu notice on January 27 in response to the FIA’s list of 47 journalists and YouTubers who were allegedly engaged in a social media smear campaign against justices of the Supreme Court and the judiciary.
At least 115 inquiries had been made, and 65 notifications had been served against those responsible for spreading false and disparaging material about the CJP and state institutions on social media, according to the FIA. It was also mentioned that a hearing on these notices was scheduled for January 31, 2024.
On January 17, following the Supreme Court’s ruling on Pakistan Tehreek-e-Insaf (PTI) election symbol, the caretaker government established a five-member Joint Investigation Team (JIT) to investigate the facts surrounding a harmful social media campaign against SC judges.
The JIT, which was established by the Prevention of Electronic Crimes Act of 2016, is made up of police, FIA, and intelligence agency representatives.
In a joint statement, the nation’s press and media groups made it plain that they would have to work with other journalist organizations to develop a new course of action if the FIA persisted in using such measures.
As the media focused on the united statement, CJP Isa called the presidents of the associations to his chamber. He assured them that an old case involving journalist harassment will be taken up on January 29 and requested that they bring their complaints to the hearing.
All parties involved in the case received notices from the SC on Saturday, January 29.
According to the chief justice, journalists were harming the state institution if they believed that by criticizing the top court, they were doing a favor for it. You must reprimand the apex court but there was some limitation in the Constitution also, he maintained.
Justice Mussarat Hilali said social media imposed great damage upon the institutions. You ought to take into account Article 14 as well, if you took into account Article 19. Article 19 guarantees freedom of speech, but Article 14 guarantees a man’s inalienable dignity.
According to Justice Muhammad Ali Mazhar, it was odd that the text in the thumbnail did not match the content in the movie. He claimed that while constructive criticism was acceptable, the wording was incorrect.
According to the chief justice, it was wrong to jail a journalist for merely voicing criticism.
According to journalist Abdul Qayyum Siddiqui, the question of whose order the joint inquiry committee was formed should be directed towards the federal government.
While considering a case on August 20, 2021, Justice Isa and Justice Jamal Khan Mandokhail, two members of the top court bench, became aware of journalist harassment. Journalists Amir Mir and Imran Shafqat were detained by the Federal Investigation Agency (FIA) on August 6, 2021, in Lahore due to their disdainful behavior towards the Pakistan Army, the judiciary, and women.
The court was tasked with filing a petition in response to an application filed by journalist Abdul Qayyum Siddiqui concerning the harassment of journalists.
Mr. Siddiqui, you had stated that you no longer wished to continue the case, the CJP added. Siddiqui said that he did not wish to conduct the case when it was brought before Justice Ijazul Ahsan’s bench.
The chief judge said that rather than dismissing the case, the SC has put it on hold since 2021. Siddiqui claimed that although his request was turned down, he also wished to see Gulzar Ahmed, the previous chief justice. Living nations have learned from their previous mistakes, according to CJ Isa.
According to Justice Mazhar, the FIA had produced a report stating that no journalists were the subject of any action.
In addition, Toor was questioned by the chief justice if he could identify the people who had tortured him in Islamabad. Toor stated he could still identify the people who had tortured him if they were brought before him, even though they had not been arrested.
The AGP was instructed by CJP Isa to provide a thorough report regarding the torture case of Toor. The court stated it will investigate the matter even though Toor insisted he did not wish to pursue the suo moto case.
The SC also requested information about the instances involving journalists. According to CJP Isa, information should be gathered from the top officials, such as the IG police and the FIA DG.
Journalist Matiullah Jan begged the court to schedule a hearing for the suo moto case pertaining to the assassination of journalist Arshad Sharif concurrently. The chief justice hinted that the case might come up in the same session as another.
