IHC lambasts FIA for citing wrong sections of cyber law

By Muhammad JuniadPublished On 05 Jan 2023

ISLAMABAD: The Islamabad High Court (IHC) on Monday observed that “criminalization of defamation and its abuse, prima facie, appears to be in violation of the Constitution” and the “threat to free speech… cannot be tolerated in a democratic society governed under the Constitution”.

IHC Chief Justice Athar Minallah made these observations while hearing the petitions filed by media personality Mohsin Jameel Baig and his spouse against the registration of FIRs against Mr Baig under the Anti-Terrorism Act (ATA) and Prevention of Electronic Crimes Act (Peca).

During the hearing, Justice Minallah issued a show-cause notice to the Federal Investigation Agency’s cybercrime wing director for “wrongly” invoking Peca sections against Mr Baig.

The court noted that the abuse of powers vested in the FIA under the 2016 law has been rampant, widespread and remains unabated despite repeated observations and directions by the court in several pending matters, adding that the abuse is so persistent and grave that its effect regarding fundamental rights guaranteed under the Constitution… particularly articles 19 and 19A are likely to be profound.