The assurances made by Chief Justice of Pakistan (CJP) Qazi Faez Isa to allow for fair criticism are being put to the test by the formation of a Joint Investigation Team (JIT), which was established to investigate the campaign against judges of the Supreme Court. There are growing concerns that this will have a chilling effect on the freedom of the media.
Fear is being felt throughout the media landscape as a result of the Joint Investigation Team (JIT), which was constituted in accordance with Section 30 of the Prevention of Electronic Crimes Act (Peca) 2016.
In accordance with a notification issued by the Ministry of the Interior, the Joint Investigation Team (JIT) will be assembled by the additional director general of the cybercrime wing of the Federal Investigation Agency (FIA).
Representatives from the Intelligence Bureau, Inter-Services Intelligence, the Pakistan Telecommunication Authority (PTA), and the deputy inspector general of the Islamabad police force are also included in this group. When necessary, the team has the ability to co-opt any other member.
It is the responsibility of the JIT to “ascertain facts behind malicious social media campaign attempting to malign the image of the honorable judges of the Supreme Court,” according to the terms of reference they have been given.
In addition to this, the committee will identify those responsible for the occurrence and bring them to justice in line with the applicable laws. Additionally, the committee will present challans in the appropriate courts and provide recommendations for how to prevent similar incidents in the future.Discretion.As the Joint inquiry Team kicks off its inquiry, concerns have been raised over whether or not the JIT was legally established.
As a member of the legal team for CJP Isa, Salahuddin Ahmed, who had previously served as the president of the Sindh High Court, stated that it is not a violation of the PECA to smear the reputation of a judge.
It is a non-cognizable offence, which means that the Federal Investigation Agency (FIA) cannot directly launch an investigation or register a First Information Report (FIR), but the aggrieved person must file a complaint. “Using electronic media to lower the dignity or intrude into the privacy of a natural person is an offence under section 20 of the Personal Information Protection and Electronic Communications Act,” he said.
According to Salahuddin, the scandalization of a judge constitutes contempt of court; nonetheless, it is the responsibility of the court to take notice of the behavior, and not the FIA.
Section 20 of the PECA mandates the filing of a criminal complaint. “Who is the person who filed the complaint?” he inquired further.
In addition, Salahuddin stated that in order for a Joint Investigation Team (JIT) to be established or even for an ordinary Investigation Officer (IO) to conduct an investigation, it is necessary to first establish that an offense that falls under the purview of the Federal Investigation Agency (FIA) has been committed.
He went on to say that, to the best of my knowledge, there is not a single word that has been spoken in court or any information that has been included in the notice that explains what the offense may be.
While hearing the same suo motu case, a three-judge special bench of the supreme court, led by Justice Ijazul Ahsan, had requested legal aid from Khalid Jawed Khan, who was serving as the Attorney General for Pakistan at the time. This is an important fact to keep in mind.
Not only did it refer to the interpretation of Section 27 of the PEMRA Act, but it also concerned Section 20 of the Prevention of Electronic Crimes Act (PECA) 2016, which is allegedly being abused in order to restrict the freedom of the press.
The observation that the Financial Institutions Authority (FIA) was abusing its authority was brought to the attention of Justice Ijazul Ahsan on September 13, 2021. This was a matter that the court would not let to proceed.
A different judge, Justice Munib Akhtar, also made the observation that the freedom of the press should not be limited under the Press Expenditure Control Act (PECA).
A appeal against the harassment of journalists by the FIA is currently being considered by the bench, which is an interesting development given that the ruling issued on January 13 was questioned.
At the same time, there is worry among journalists that, in the event that the Supreme Court gives its approval to the JIT, then members of the media will be prevented from providing constructive criticism. Journalists can be reluctant to criticize the orders of courts without fear of repercussions.
The current conversation also raises issues about the reasons why the administration is exhibiting efficiency in censoring voices that are critical of the judiciary in response to the order that was issued on January 13.
Even though a hostile campaign against the incumbent Chief Justice of Pakistan (CJP) began after the publication of the decision in the Faizabad Dharna case in February 2019, it is important to note that some state entities were also involved in that effort.
The relationship between the executive branch and the Supreme Court has been exceptional and amicable ever since the Chief Justice of the Philippines took his oath of office in September of the previous year. Even the superior bars, which are being governed by the Independent Group, are going in the same direction as the executive branch and the judicial branch.The freedom of the press is in dangerConcerns have been raised over the behavior of the judges during the time that CJP Isa was in office. It is interesting that journalists who support the PML-N are lobbying for the establishment of JIT in order to penalize media journalists who are allied with the PTI.
When it comes to whether or not it will support the JIT today (Tuesday), the choice is currently in the hands of the Supreme Court. If the JIT continues, there is a possibility that the freedom of the press may be compromised.
During the hearing that took place on Monday, the Attorney General of Pakistan, Mansoor Awan, stated that it is not a crime to provide honest criticism of a judgment or an order. Furthermore, he stated that no coercive action will be taken, nor will a criminal case be registered in relation to this matter. On behalf of the federal government, he issued an undertaking to their organization.
There was a meeting between representatives of press associations and the Attorney General of Pakistan, according to the information, obtained.
No one will be jailed or harassed, and those who comment or criticize the verdict in a reasonable manner will not be prosecuted, according to the assurances provided by the Associate General Publishers. Nevertheless, he stated that notices cannot be retracted, and that journalists will be required to attend and respond before inquiries may be closed. Following this, inquiries will be closed. According to reports, the FIA has called in a total of thirty-six journalists.
