ISLAMABAD:The Islamabad High Court (IHC) on Monday issued a show-cause notice to Director Federal Investigation Agency (FIA) for registering FIR against Mohsin Baig under PECA while on the other hand an Anti-Terrorism Court (ATC) granted the police a further two-day physical remand of the journalist.
The court asked the Director FIA Cyber Crime Wing to submit an affidavit and satisfy it that why not a contempt of court proceeding should be initiated against him on violation of SOPs and IHC’s instructions.
The IHC, however, disposed of the petitions seeking termination of first information reports registered by Margalla Police Station after the petitioner withdrew it.
At the outset of hearing before IHC’s Chief Justice Athar Minallah, Advocate General Islamabad Niazullah Niazi submitted report pertaining the alleged torture on Mohsin Jamil Baig during the police custody.
The report said that there was the complete record with the police about the departure and arrival in arrest of Mohsin Baig. The accused tortured the two official of FIA when the team reached to arrest him, it added.
It further said that Mohsin Baig had demonstrated sever resistance when he was being taken to police station. The clash was again happened at the PS, it said.
The advocate general said that the lawyer of the accused was given access to his client in police station that day.
Baig’s Lawyer Sardar Latif Khosa contended that four FIRs had been registered against his client in Karachi, Lahore and Islamabad.
The chief justice questioned that why the FIR was registered in Lahore when the complainant and the accused both belong to Islamabad. Whether the FIA was serving to protect the image of public office holders only, he asked. The court inquired which director of the FIA didn’t admit constitution and law, adding that it was not a matter of a certain person instead it was related to the rights of citizens.
The chief justice questioned if the FIA was above the law and constitution.
The court, however, said that may be the FIA raided the house illegally but why the accused took the law in his hands through firing.
The chief justice asked Mohsin Baig’s lawyer to approach the relevant court to present their defence regarding it.
When the FIA’s Director Cyber Crime Wing appeared, the court asked what SOPs he had submitted to this court. The court said it would take action against him as the responsibility of the FIA was to serve the people instead of restoring the private reputation of any elite. The FIA always misused its powers, it added.
On the query of the bench, Director FIA said that the case was registered under section-22 of the Prevention of Electronic Crime Act (PECA). Before court, he narrated the sentence spoken by Mohsin Baig during TV show about Murad Saeed and said that the reference of the book in it was defamatory act. At this, the court observed that the accused had not mentioned the page number of the controversial book. The chief justice said that the court was issuing a show-cause notice to the director FIA.
The chief justice remarked that the FIA wanted to give the message to public that there shouldn’t be a freedom of expression in society.
The court observed that even the African countries had disassociated the defamatory matters from criminal laws. Pakistan was at 8th number in international ranking about journalists’ protection and it was because the powers were being misused. The court asked the additional attorney general what was vulgarity in it if someone gave reference of the book.
The AAG said that he had not read the said book to this the chief justice remarked that then he was arguing on basis of assumptions. What the accused did on occasion of raid was a separate matter and trial court would see it, the court said.
The court, however, remarked that such act of any agency was not bearable in a democratic country. The court also summoned attorney general of Pakistan in the same case on February 24.
Meanwhile, ATC judge Muhammad Ali Warraich extended the physical remand of Mohsin Baig and also summoned MS Poly clinic along with his medical report.
Latif Khosa opposed the remand request and said police had misused the remand and one more case had been registered against his client.
Public Prosecutor adopted the stance that they wanted to conduct police graphic test for videos’ matching and they need further remand of the accused. On query, he said that the videos were not recovered for six days. Baig said that he had no any videos, adding that police could pick the cameras of media if it wanted. His medical reports were changed for four times, he said. The further hearing was adjourned till February 23.