The Islamabad High Court (IHC) quashed on Saturday a case registered by the Federal Investigation Agency (FIA) against a citizen for allegedly defaming the armed forces on Twitter, remarking the FIA exceeded its jurisdiction by registering such a case.
The order, a copy of which is available with Digital Rights Monitor (DRM), was issued by IHC Justice Babar Sattar, who quashed the case with no offences observed on the part of the petitioner.
“It is inconceivable how the publication of the tweet from an insignificant Twitter account can cause or incite officers of the military to mutiny or otherwise disregard their duties,” the court remarked. “It is equally inconceivable how such tweet could cause fear or alarm within public causing a member of such public to commit an offence against the state or against the public.”
The case was registered under Sections 500 (punishment for defamation), 501 (printing or engraving matter known to be defamatory), and 505 (statements conducing to public mischief) of the Pakistan Penal Code (PPC) for a tweet allegedly against COAS Qamar Javed Bajwa and the army. Justice Sattar questioned the FIA’s authority to register the case, noting the agency lacked the jurisdiction to take cognisance of complaints filed under Section 505 of the PPC.
According to the order, the petitioner denied the ownership of the Twitter account from which the tweet was made; therefore, the court could not get involved in the determination of a factual controversy in its constitutional jurisdiction.
“The words published [in the tweet] simply do not attract the provisions of Sections 500, 501, or 505 of the PPC,” said Justice Babar. “Even otherwise, Article 19 of the Constitution guarantees every person the right to freedom of speech and expression.”
He added no one in their right mind can consider that an insignificant tweet such as one attributed to the petitioner is capable of threatening the security or defence of Pakistan.
The court also termed the registration of the FIR “an abuse of the process of law aimed at enforcing illegal censorship of speech”.
The FIA has been repeatedly called out by rights activists for attempting to curtail citizens’ right to freedom of expression on the internet in Pakistan.
