Detailed judgment in Shandana Gulzar case: PHC says FIA notice illegal for being defamatory

PESHAWAR: The Peshawar High Court (PHC) has ruled against a show cause notice issued by the Federal Investigation Agency (FIA) Lahore to Shandana Gulzar, a leader of Pakistan Tehreek-e-Insaf (PTI) and member of the National Assembly.

In a detailed 19-page decision penned by Chief Justice Ishtiaq Ibrahim, the court declared the FIA notice as unlawful. The ruling stated that if any notice issued to a citizen is found to be defamatory in nature, the high court has the jurisdiction to intervene and declare it null and void.

Moreover, the court stated that any institution issuing a notice to a citizen residing in one city but belonging to another can be challenged in the high court.The case arose when lawyers representing the petitioners argued that their clients were unjustly accused of making derogatory remarks against institutions. They contended that the allegations were politically motivated and aimed at harassment. However, they pointed out that the complaint lacked essential details such as the date and diary number, and the record was ambiguous.

Responding to the arguments, the deputy attorney general defended the FIA’s action, stating that the notice was issued by the FIA Cyber Crime, Lahore. The court was asked to consider whether it had the jurisdiction to hear such matters or if it should be referred to the Lahore High Court.

The bench, after thorough deliberation, concluded in the written decision that the procedure followed in issuing the notice was not only defamatory but also violated fundamental rights. The court reiterated that while high courts generally refrain from interfering in ongoing investigations, they cannot remain silent when notices are issued based on defamation.

It further stated that investigative authorities must not conduct investigations according to their own whims but must adhere to legal standards. He underscored that FIA, being a federal institution with offices nationwide, must ensure procedural fairness in all its actions.

The ruling clarified that there was no evidence in the record suggesting that the petitioner had posted any defamatory content on social media platforms like X. Therefore, the court asserted its authority to declare the FIA notice against Shandana Gulzar as void, citing it as apparently defamatory.