A recent press release by the Federal Investigation Agency (FIA) notifying the creation of a dedicated unit to deal with complaints of blasphemy on social media has drawn criticism from human rights defenders. The legal fraternity is divided on the likely impact of the development. While some lawyers have described it as a regressive development fearing increasing space for extremists, others have said it is a step in the right direction in view of the increasing number of online blasphemy complaints.

The notification, issued by FIA on October 6, reads “all in-charges, cybercrime reporting centres are directed to consolidate dedicated units for speedy disposal of enquiries and cases related to blasphemy and also nominate a focal person for coordination with the Cybercrime Wing, Islamabad.”

The notification was issued against the backdrop of a petition being heard by Justice Chaudhry Abdul Aziz at the Rawalpindi bench of the Lahore High Court over the past few weeks. The judge, according to reports, in his remarks highlighted the slow pace of investigation, case progress and compilation of data related to blasphemy cases and expressed dismay over the transfer of some officials of the FIA Cybercrime Wing dealing with the cases in the past. The court also expressed displeasure over reports that the FIA was not presenting accurate information on blasphemy cases before the courts. Tehreek-i-Tahaffuz-i-Namoos-i-Risalat Pakistan, a group of clerics and lawyers that has been aggressively following some of the blasphemy cases, supported a petition that prayed for speedy trials and sought consolidated data on blasphemy cases pending with the FIA.

The FIA Cybercrime Wing director told the court that there had been 655 complaints of blasphemy lodged with the Agency in the past couple of years. Lawyer Rao Abdul Rahim then stated that in another report in the past, the FIA authorities had informed the Islamabad High Court that they had received nearly 32,000 blasphemy complaints between 2018 and 2021.

“If there can be child-pornography and harassment units in the FIA Cybercrime Wing, why not create a dedicated cell to deal with blasphemy complaints. This is a very sensitive and important matter,” Rahim told The News on Sunday. He says he also supports proposals or special courts and special benches in high courts for speedy trial of blasphemy cases. “Many blasphemy cases go on for a long time,‘’ he said. “According to some reports, around 4,000 blasphemy complaints have been lodged with the FIA Cybercrime Wing.” If we want to stop the alleged abuse of blasphemy laws, Rahim says, there is a need to decide the cases on a priority basis. Most of these are private complaints.

Human Rights defenders say that pressure to dispose of blasphemy complaints may affect the independence of the Agency to properly investigate and deal with such cases.

Sources in the FIA say the Agency has inadequate manpower and that many officials in its Cybercrime Wing are contractual employees. The number of complaints lodged with the Wing under various categories runs into tens of thousands, an official said. A majority of these complaints are pending because the staff is overburdened.

Lawyer Saiful Malook who has defended several people from marginalised segments of the society accused of blasphemy says the notification is discriminatory. “Neither a high court nor the FIA on its own can create a dedicated unit that is discriminatory and relates to religious freedom and persecution,” he says. “The FIA was created under an Act of the parliament. There is always a procedure to make rules.”

He also says the notification violates Article 25 of the constitution, which describes the “equality of citizens.” All citizens, according to it, are equal before law and entitled to equal protection of law. There shall be no discrimination on the basis of sex; and nothing in this Article shall prevent the state from making any special provision for the protection of women and children.

The Pakistan Telecommunication Authority (PTA) is responsible for raising awareness about illegal uses of the internet and uploading of pornographic and abusive content, etc. The PTA is actively disseminating messages warning internet users not to spread any blasphemous content on social media. In a recent video message to inform parents about children’s online activities, the authority urged the parents to monitor children so that they do not post any blasphemous content online.

Human rights defenders say that such canalisation and pressure to dispose of blasphemy complaints may affect the independence of the Agency to properly investigate and deal with such cases. They say there is already a strong impression identified in some court judgments in blasphemy cases about the misuse of the law to settle personal scores or protect vested interests.

In a recent judgment granting bail to a Christian sweeper, two senior judges of the Supreme Court of Pakistan highlighted that the state, not some private complainant, was responsible for prosecuting blasphemy.

“With regard to the offences relating to religion, the position of the state is predominant, and the state is responsible for prosecuting these offences. If in such cases a private complainant takes too keen an interest it may impinge on his credibility and may be indicative of mischief or an ulterior motive,” the judgement reads. It adds, “However, in quite a few cases it has been noted that complainants grandstand and are joined in by others who try to pressure the prosecution and the courts.”

“In the present case, the complainant, who is a student, came to Islamabad from Lahore to oppose this bail petition; there was no need for him to do this because the case was to be attended to by the state and its law officers. When we were addressing queries to the learned APG and the SP, the complainant and his counsel kept providing answers to the learned APG and the SP,” the judgment reads.

The author is a staff reporter. He can be reached at vaqargillani@gmail.com