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AG Assures Supreme Court of No Action Against Journalists

The top legal officer in Pakistan has promised the Supreme Court that journalists who criticized the judiciary on social media will not face legal action. This assurance came as the Court addressed concerns of harassment by the Federal Investigation Agency (FIA).

On Monday, a group of three judges, including Chief Justice Qazi Faez Isa, dealt with a case taken up on their own initiative (suo motu) involving the intimidation of journalists by the FIA. They ordered the FIA to present reports on this issue within two weeks.

Back on January 27, 2024, the FIA’s cybercrime division called in 65 individuals, counting several journalists and social media users, for taking part in what it called a “malicious campaign” against the judiciary and other institutions at the end of January.

These notices comply with the law, the government claims, and the list of journalists and social media activists who received them includes prominent names like Cyril Almeida, Shaheen Sehbai, and Matiullah Jan, among others.

The social media campaign in question began following a Supreme Court ruling about the internal elections of the political party PTI, which resulted in the party losing its election symbol, the “cricket bat.” This triggered a wave of negative comments directed at the judges, especially Chief Justice Faez, and the institutions they represent.

During court proceedings, Chief Justice Isa made it clear to the Attorney General, Mansoor Usman Awan, that while there is a line between abuse and criticism, media personnel should not be targeted for merely offering critique. The Attorney General then assured that no punitive measures would be taken against the journalists in question.

Chief Justice Isa emphasized the importance of press freedom but also pointed out the constitutional boundaries that should not be crossed. He insisted that stifling criticism could actually harm, not help, the judicial institution.

Meanwhile, another judge, Justice Mazhar, questioned if there was a code of conduct for YouTube content creators like there is for TV channels through PEMRA. Justice Musarrat Hilali expressed concerns about the language used in criticism, suggesting that some have made abuse a means of earning.

Adding to the discussion, Justice Isa mentioned that arresting a journalist just for criticism is not right, and he personally welcomes criticism of his work.

During the hearing, journalist Matiullah Jan requested the bench to set a date to address the murder of journalist Arshad Sharif, with the Chief Justice stating that it might be considered in the next session.

Chief Justice Isa also raised issues beyond the media, mentioning violence against polio workers and girls’ schools, and the spread of extremist ideologies that obstruct women’s voting rights and health initiatives like polio vaccination.

As the conversation shifted to the case of journalist Asad Toor who had previously been attacked, the Court learned that a case had been registered, and Toor stated he could identify the accused if they came forward.

Questions were raised about the investigation’s progress, with Justice Isa asking why information such as sketches of the assailants wasn’t shared with intelligence agencies. He stressed that Asad Toor should be afforded his fundamental rights regardless of the case’s progress.

The Chief Justice also expressed dissatisfaction with how the application regarding Toor was submitted in court.

With these issues tabled for further discussion, the Supreme Court adjourned the case, planning to reconvene on Tuesday (today).

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