Jan 29, 2024
Staff Report
LAHORE:
Concerns have been rising about shrinking freedom of expression in Pakistan ever since the Federal Investigation Agency (FIA) was reported to have issued notices on at least 47 journalists in the backdrop of what is being called a ‘‘malicious campaign’ against the superior judiciary. This is in the aftermath of a January 13 judgement by the apex court stripping the Pakistan Tehreek-i-Insaf off its electoral symbol – a cricket bat.
While the FIA was said to have slapped notices to journalists, on Monday January 29, the Chief Justice of Pakistan (CJP) Qazi Faez Isa, in a suo moto court proceedings, directed the FIA not to take any action against any journalist merely on the basis of his or her criticism.
‘Malicious’ Campaign?
On January 16, the caretaker government formed a JIT consisting of representatives from FIA, the Intelligence Bureau (IB), Inter-Services Intelligence (ISI), the Pakistan Telecommunication Authority (PTA), and the deputy inspector general (DIG) of Islamabad police to ascertain the facts behind what they termed a ‘campaign’ against Supreme Court judges.
According to Murtaza Solangi, the caretaker Minister for Information, Broadcasting and Parliamentary Affairs, 600 social media accounts had till been investigated, and a total of 100 inquiries were registered. He said that notices were served to 110 individuals, including 32 journalists and 22 politicians and political workers.
The CJP took the suo moto notice after the Press Association of the Supreme Court (PAS) and the Islamabad High Court Journalist Association (IHCJA) adopted a joint resolution condemning the FIA notices, saying that the action contravenes the rights guaranteed under Article 19 of the Constitution – freedom of expression and information.
The case has been taken up, along with another one from 2021, at the request of the PAS regarding the harassment of journalists.
Suo Moto Proceedings
The suo motu notice was heard by a three-member bench comprising CJP Isa, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali.
During the hearing, CJP Isa remarked that the FIA should not take action against media persons merely on criticism.
“We can never restrain a common man or a journalist from criticizing”
“If you think that you are benefiting me or the Supreme Court by barring criticism, then you are harming the institution,” the chief justice added.
In addition, Justice Musarrat Hilali remarked that fair criticism is not a problem but the use of foul language is wrong.
Attorney General of Pakistan, Mansoor Awan provided an undertaking on behalf of the caretaker federal government that no case will be initiated or no coercive action will be taken merely on the basis of criticism of a judgment or order.
The court adjourned the hearing till Tuesday.
A Shrinking Space for Free Expression
Speaking exclusively to Voicepk, digital rights activist Usama Khilji said that the harassment of journalists and activists over their analysis and commentary of the Supreme Court judgment is contrary to the Constitution of Pakistan which gives every citizen the right to freedom of expression.
“This is especially alarming in the current context, where the FIA is being constantly used by the state to harass any critical or dissident voice in the country,” he said.
“If there is no accountability of judges, courts, the government, or bureaucrats, democracy will suffer,” he added.
“Social media is a very important tool and avenue for democratic accountability. And this is exactly why the state is cracking down on social media”
He went on to say that the government wants to censor silence free voices under the garb of regulating social media.
‘Not FIA’s jurisdiction’
Meanwhile, Farieha Aziz, the co-founder of digital rights organization, Bolo Bhi, questioned the jurisdiction of the FIA to summon journalists and other activists. She said that even notices were not being served properly, in fact these were tools that were being used for the past few years in particular simply to intimidate journalists.
“We are not defending foul language, but how can a JIT be formed to launch such a broad-based probe into the criticism of a court judgment?”
Farieha who was also present during the proceedings, said that journalists who had appeared in the hearing were trying hard to distance themselves from social media activists who are being harassed by the FIA.
She regretted that the court did not suspend the notices and instead asked journalists to appear before the FIA.