FIA used judiciary’s name to probe journalists: CJP

ISLAMABAD: The Supreme Court on Monday expressed dissatisfaction with the report submitted by Islamabad Police over attacks on journalists and abduction and sought fresh report.

A three-member bench of the apex court headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard a suo motu case regarding harassment of journalists as well as a joint petition filed by Press Association of the Supreme Court (PAS) and Islamabad High Court Reporters Association against summoning journalists by Federal Investigation Agency (FIA) as part of the joint investigation team (JIT), probing the anti-judiciary campaign.

The court also issued notices to the parties with regard to issuance of notice by the FIA as well as constitution of the JIT under Section 13 of PICA Act for probing the anti-judiciary campaign and sought reply within two weeks.

During the hearing, Justice Isa, while expressing reservations about the FIA’s action, remarked that a gun was placed on the shoulders of judiciary to make a fire.

Addressing the FIA official, the CJP said neither any judge of the apex court nor the Registrar had complained to the FIA but the agency used their name.

“Personally, I have no objection, but when it comes to the reputation of the institution, action should be taken,” the CJP remarked, adding that freedom of expression is not absolute but conditional.

He said that one person said that the chief justice rigged the elections and then all the TV channels ran it without verification. Justice Isa observed that all over the world it is verified before reporting but here, no journalist asked the accuser what is the proof of the allegations.

“Can the chief justice do that? Does this happen anywhere in the world, this kind of journalism cannot be imagined in the West,” he remarked.

He expressed dissatisfaction over the Islamabad Police’s report on the abduction of journalist Matiullah Jan as well as attacks on journalists Absar Alam and Asad Toor and admonished IG Islamabad for not tracing the accused so far.

What kind of IG he is, the CJP asked Attorney General Mansoor Usman Awan, adding that he should be removed from the post of IG.

The chief justice observed that it has been four years since the case and questioned as to whether four centuries needed for the investigation.

Earlier, a report was submitted by the Islamabad Police, in which it was said that the attack on Absar Alam and Asad Toor was related to one person who belongs to a group, but the masterminds Shahnawaz and Zeen are outside the country.

According to the report, the persons involved in the case of Matiullah Jan could not be identified.

The CJP, however, asked the IG that a recording pertaining the crime committed was available but despite of that he could not traced the culprits.

“Respect your office and if you can’t catch a crime, then you are incompetent,”, the CJP told the IGP.

When the IGP tried to explain, the CJP told the official not to play tricks with the court, otherwise they would ask for dismissal, adding that the whole of Pakistan is watching his performance.

On court query, the IG submitted that there were 11,000 personnel in the Islamabad Police while admitting that the report was not satisfactory. During the hearing, Barrister Salahuddin Ahmed, counsel for the PAS informed the court that the FIA had opened 115 inquiries and issued 65 notices.

He further informed the court that Asad Toor was currently in jail and an FIR had been registered against him under Sections 9, 10 and 24 of the PICA Act.

The CJP observed that that serious provisions have been imposed in the case against Asad Toor. How do other provisions including sensitive information could apply in the case?

He noted that it was written in the inquiry notice that a campaign against the judiciary was being called for, while the campaign against the judiciary was not even mentioned in the FIR.

“A gun was placed on the shoulder of the judiciary and fired,” the CJP remarked, adding that neither any judge of the apex court nor registrar had complained to the FIA but an impression was given as if the action was taken at the behest of the judiciary.

Justice Isa also questioned the formation of JIT under section 13 of the PICA Act and inquired about the legal status of JIT.

“How can a representative of ISI join the JIT?” the CJP questioned, adding that the ISI was an intelligence agency, not a law enforcement agency. He said that law enforcement was not the jurisdiction of an intelligence agency.

Barrister Salahuddin told the court that the ISI had been included in the rules, on which the chief justice said how a law can be changed through the rules.

Meanwhile, Attorney General Mansoor Usman submitted before the court that some provisions of PICA were not applicable in the FIR lodged against Asad Toor

At this the CJP said that if someone violates the law, he should be proceeded against in accordance with law but court’s shoulders should be used for it.

The CJP asked: “Tell me who is the boss of FIA’s JIT, you know the answer but you will not tell me, the attorney general said it is like this.”

Justice Isa said that a person had threatened to kill him and when an application was filed, the SHO sat there for five days, then he was told that he would take instructions from a minister.

Barrister Salahuddin submitted that the law of defamation and contempt of court exists, adding that if the FIA takes the power of the judiciary into its hands, it will be misused.

Later, the court adjourned the hearing until March 25 after rejecting the report submitted by FIA and police.