Intelligence agencies told to see if organised efforts are behind propagation of blasphemous content

The Sindh High Court (SHC) has directed the directors general of the Federal Investigation Agency (FIA), Inter-Services Intelligence (ISI) and intelligence Bureau (IB) to investigate the circulation of blasphemous content on social media from the perspective of the national security and organised crime.

The direction came on a bail application of a man allegedly involved in the circulation of blasphemous content on social media. According to the prosecution, the complainant, Hafiz Ehtesham Ahmed, had lodged a complaint before the FIA with regard to circulation of blasphemous content on social media platforms Facebook and Whatsapp.

A single bench of the SHC comprising Justice Omar Sial after hearing the arguments observed that the entire investigation of the case had been conducted stereotypically and mechanically without an element of professionalism.

The high court observed that the FIA had taken an extremely casual approach without realising the issue's sensitivity and gravity.

The bench observed that in the present case, no complaint had been made by either governments. The high court observed that no record from the cellular service provider had been obtained to confirm that the applicant is the person in whose name the company issued the SIM. The high court observed that the FIA’s casual approach was apparent in the case.

The SHC observed that no one stopped the FIA from proceedings against any offence but the agency could not be selective.

The high court observed that in the present case, it was the FIA’s version that the entire story originated from a WhatsApp group operated by unidentified operators from a country that we had, at the state level, always considered hostile to us.

The SHC observed that the content on these groups was outright horrendous and not restricted solely to blasphemous material and there was also indications of dissemination of child pornography.

The high court observed that the FIA should investigate the blasphemy allegations, but it was not expected that a law enforcement agency be overwhelmed with emotion, not look at a potential crime wholly and professionally, and restrict their investigation to just one aspect when there were other serious ones in the situation.

The bench observed that the FIA should have been looked into if there was even the remotest possibility of an attempt to destabilise Pakistan. The high court observed that the issue at this stage was about whether the applicant had created and disseminated the blasphemous content and this doubt could have been addressed had the investigation officer documented his investigation well, sealed the phone when it was recovered, collected evidence that would stand the test of legal scrutiny, obtained a call data record, and obtained official ownership documents.

The high court observed that the WhatsApp snapshots showed that other persons might be receiving the images, which should have been brought within the ambit of investigation, too. The high court questioned why an investigation was not made into the WhatsApp group and the Facebook page from where the issue had arisen, especially when, according to the FIA, unidentified persons from a hostile country were the operators.

The high court observed that cases such as the present one had the potential to stir public emotions and create instability.

The SHC observed that it was imperative that the investigation was professional, complete and watertight and more efforts were needed at all levels to uphold and protect the honour of our religion but, at the same time, it should also be ensured that no false accusations were made and religion was not used as a pretext to create instability in the country.

The high court granted post-arrest bail to the applicant as the case required further inquiry. The SHC, however, looking at the gravity of this case, observed as an exception that it would be appropriate to direct the FIA to expand its investigation, seek the requisite approvals required by law, and use its best efforts to bring a watertight case to the court.

The high court observed that material collected till now suggested that this was not the doing of an individual and a group was behind it, and that entire group needed to be brought down. The SHC directed the directors general of the FIA, ISI and IB to look into the case closely from the perspective of national security and organised crime and submit compliance report.