ISLAMABAD – The Supreme Court of Pakistan directed the Federal Investigation Agency (FIA) to withdraw the notices issued to 47 journalists and youtubers.
A SC three-member bench headed by Chief Justice of Pakistan Qazi Faez Isa passed the order while heairng the case related to the notices to the journalists. Justice Muhammad Ali Mazhar and Justice Musarrat Halali were the other members of the bench.
Attorney General for Pakistan Mansoor Usman Awan also appeared before Justice Qazi Faiz Isa while some journalists who received notices also presented themselves before the court.
At the outset of the hearing, Chief Justice Faiz Isa inquired about the number of cases. The AGP responded by saying that there are four petitions, including those filed by Qayyum Siddiqui and Assad Toor.
The CJP asked inquired whether representatives from the Journalist Defense Committee of the Pakistan Bar Council were present. The AGP clarified that the Journalist Defense Committee had been dissolved.
During the proceedings, lawyer Haider Waheed mentioned that they had requested the federal government to regulate freedom of expression.
In response, the CJP remarked that they would address the request later.
The CJP then asked whether Qayyum Siddiqui wanted to pursue the case independently or if the President of the Press Association would provide the evidence.
The journalists emphasized that the power dynamics should be considered, highlighting that although the initial notice was taken in Court No. 2, the matter was referred to the five-member bench for the authority to issue notices, holding that only the CJP can exercise the power to issue notices under Section 184 (3).
They submitted that not only journalists but also judges had the right to freedom of expression.
Journalist Abdul Qayyum Siddiqui expressed his desire to present certain facts. The CJP reminded him of his earlier statement expressing his unwillingness to pursue the case.
Chief Justice Faiz Isa remarked that instead of proceeding with the case, the Supreme Court had kept it on hold since 2021. He urged Siddiqui to explain the difference between the previous request and the current situation.
Throughout the hearing, CJP Isa reiterated the need to rectify past mistakes and uphold accountability, encouraging criticism as a means of improvement.
The top judge directed the Attorney General to withdraw the notices issued against journalists and refrain from taking action based solely on criticism.
Addressing the Attorney General, CJP Isa stressed the importance of respecting criticism, observing that freedom of the press is enshrined in the Constitution. He highlighted that attempting to stifle criticism would be detrimental to both himself and the Supreme Court.
He emphasized that any journalist facing criticism has the right to defend themselves. The CJP issued a directive to halt any action against journalists and directed the Director-General of the FIA to meet with the journalists.
The court demanded an explanation from the FIA regarding the rationale behind summoning journalists.
The SC deferred the hearing on the issuance of notices to journalists, demonstrating its commitment to ensuring press freedom and accountability.
It may be mentioned here that CJP Isa had taken note of the concerns expressed by the Press Association of the Supreme Court (PASS) and the High Court Journalists Association, regarding the issuance of notices to numerous journalists by the Federal Investigation Agency (FIA).
