Clamping down on digital activists: FIA, law officer told to submit replies to SHC by July 6

The Sindh High Court (SHC) on Thursday directed the Federal Investigation Agency (FIA), federal law officer and others to file comments on plea against crackdown on social media activists for their alleged criticism of the country’s armed forces.

Nazim Haji, Ghazi Salahuddin and other petitioners submitted in their plea that political and social media activists were detained and arrested by the FIA for what the authority claimed were investigations or as part of a crackdown on alleged ‘anti-military’ campaigners.

The petitioners observed that criticism of the armed forces did not, by itself, amount to a criminal offence and citizens could not be subjected to any coercive action by the state.

They contended that it was a citizen’s right in a democratic country to criticise each and every branch of the government, and such rights were essential in order to ensure good governance.

The petitioners maintained that it was not up to any branch of the government to decide on its own whether a particular expression of criticism was warranted or otherwise. 

Detentions, arrests and seizure of devices, they added, over vague charges by the FIA without any lawful authority, more so without FIRs and warrants, were a violation of the due process of law guaranteed under articles 4, 10-A and 13 of the Constitution of Pakistan, as well as under the relevant provisions of the FIA Act and the Prevention of Electronic Crimes Act (PECA) read with the Criminal Procedure Code, 1898.

They submitted that these actions amounted to coercive acts to intimidate, harass and threaten not just targeted individuals but citizens at large.

The petitioners maintained that the government and the FIA, through both their statements and their actions, had created an effect on freedom of speech and deliberately hindered the public exercise of the rights guaranteed under Article 19 of the Constitution by obstructing the right of citizens to even engage in constructive criticism.          

They submitted that government institutions and officials must respect and uphold rights, liberties and the public freedom as guaranteed to citizens under the Constitution of Pakistan, and act in accordance with the law. The court was pleaded to declare that criticism of the armed forces did not, by itself, amount to a criminal offence and could not be subjected to any coercive action by the state.

They requested the court to restrain the government agencies including FIA from taking any coercive action against social media activists and act strictly in accordance with the law.

Federal law officer and FIA sought time to file comments on the petition. The court granting time directed the respondents to file comments by July 6.