A three-member bench of the Supreme Court, led by Chief Justice Qazi Faez Isa, issued a directive instructing the Federal Investigation Agency (FIA) to refrain from arresting any journalists until the next hearing of the suo motu case concerning the alleged harassment of media personnel.
During the hearing, the lawyer for the Press Association of the Supreme Court, Barrister Salahuddin, argued that action was taken against journalists in the name of violation of privacy. The chief justice asked the lawyer how he would define privacy.
Salahuddin said that the FIA had become accustomed to the misuse of the Prevention of Electronic Crimes Act (PECA). He added that the Islamabad High Court (IHC) had declared PECA’s Section 20 null and void. He replied in negative, when the chief justice asked whether the decision was challenged.
Chief Justice Isa raised questions about the issuance of notices to journalists under Section 160 of the Pakistan Penal Code (PPC) before the registration of any First Information Report (FIR).
The chief justice pointed out that many times there was a pressure from the above, so the officials send a notice to ward off the pressure, yet no FIR was registered and no arrest was made. Under this notice, he added, they could call anyone as witness.
In response, Salahuddin stressed the importance of providing comprehensive details alongside such notices and argued that notices should only be sent after the registration of an FIR. Chief Justice Isa, however, suggested that officials might be reaching out to individuals to ascertain information before proceeding further.
The court adjourned the hearing until April 2, ordering the FIA to refrain from arresting journalists until then. Chief Justice Isa emphasized that the court would only invalidate legal processes if they were proven illegal, highlighting the need for clarity and adherence to due process in such matters.
