February 10, 2022 — Islamabad High Court (IHC) seeks final arguments on petitions against harassment of journalists and citizens by FIA under PECA on March 1. Chief Justice Athar Minallah also specified that no request for adjournment will be entertained from the parties in the next hearing.
The comment was given by the Court during the hearing of the petitions filed by various journalists and citizens, including former PEMRA chairman Absar Alam, journalist Bilal Ghouri, Amir Mir and Shafqat Imran, challenging the issuance of FIA notices on social media posts. FIA representatives failed to appear before the Court, whereas the Deputy Attorney who was present in the Court, requested adjournment of the hearing.
Lawyers Usman Warraich and Iman Mazari appeared before the court on behalf of the Journalists Defense Committee. Iman Hazir Mazari pointed out the contradiction in the FIA’s position before the court and said that the FIA had said on September 1 that the SOPs regarding when to exercise the powers under PECA and how to send notices have already been drafted, while their report says that that are still underway. “FIA has two stances, which one should be considered?,” Mazari asks.
Advocate Usman Warraich also added that it would be better if the explanation of section 20 of PECA that deals with online defamation, in the order sheet of the case.
Chief Justice Athar Minallah remarked that the case would be decided on after hearing the final arguments in the next hearing on March 1. The Court has also merged the case regarding FIA notice to a citizen at the request of ruling party National Assembly member Kanwal Shauzab to the same case.
In early 2021, FIA sent a notice of summon to senior journalist Absar Alam on the basis of his tweets and social media posts. The complaint was filed against Alam by a lawyer who accused him of anti-state rhetoric. Alam challenged the notice in the Court terming it mala fide, and requested the Court to discard it. In March that year, the IHC suspended the notices issued to Alam. Chief Justice Athar Minallah, at the time, said that the case however will be clubbed with similar other cases questioning the alleged abuse of power by the FIA granted to the authority under PECA.
