Pakistan Case LawSyed Ibn-e-Hussain and others Versus Federation of Pakistan through its
This matter originated from a complaint filed by several journalists regarding the abduction and attacks on media personnel and the alleged failure of law enforcement to properly investigate these incidents. The core legal questions concerned the adequacy of police investigations into crimes against journalists and the potential intimidation of media professionals through notices issued by the Federal Investigation Agency (FIA) regarding alleged maligning of the judiciary. The Court directed the Attorney-General to submit comprehensive reports on the status of police investigations for each specific case, emphasizing that investigating officers must be granted full access and remain unhampered. Regarding the FIA notices, the Attorney-General provided an undertaking on behalf of the Federal Government that honest criticism of judicial orders or judgments does not constitute a crime and that no coercive action or criminal registration would occur against journalists for such expression. The Court reaffirmed the principle that the power of the press is a public trust, necessitating fearless, responsible, and independent journalism, while simultaneously welcoming honest criticism of state policies and institutions.
- Does honest criticism of a judicial order or judgment constitute a criminal offense?
- Can the Federal Government take coercive action against journalists for criticizing the judiciary?
- Are investigating officers required to be granted unhampered access to investigate crimes against journalists?
ORDER
Qazi Faez Isa, CJ. A complaint was filed by five journalists including the then President, Press Association of Supreme Court (the Association') Mr. Amjad Nazir Bhatti before this Court which was numbered as Suo Motu Case No.4 of 2021. The said matter was not listed for hearing for considerable time. We are informed that Mian Aqeel Afzal has been elected as President, therefore, we asked him whether he wants to pursue the matter and he said he does. An ex-President of the Association, Mr. Abdul Qayyum Siddiqui, was the second complainant and he too wants to pursue it. Mr. Amir Mir was another signatory and is represented by learned Mr. Jehangir Khan Jadoon, ASC and he too wants to pursue the matter. However, Mr. Asad Ali Toor who was also a complainant states that he no longer wants to pursue it. On our query regarding the attack on him he stated that the facts as stated by him are correct, but added that the FIR registered in respect of the assault on him was not properly investigated. Mr. Imran Shafqat the fifth complainant is not in attendance probably because he is living in Lahore.
2.The complainants before us have stated that journalists were abducted and attacked but these crimes were not properly investigated, including attacks on M/s. Asad Ali Toor, Matiullah Jan, Imran Shafqat arid Amir Mir. The Attorney-General is directed to file separate comprehensive reports with regard to the police investigations of each case and whether charges were framed against any one; reports to be filed within two weeks. Mr. Toor alleged that those who carried out the attack on him themselves stated that they were members of an intelligence agency under tne control of Federal Government. The concerned investigation officers must be allowed to thoroughly investigate these crimes and given access to all concerned and they must not be hampered in any way.
3.The President of the Association and that of the Islamabad High Court Journalists Association, Mr. Fayyaz Mehmood, have brought on record a joint resolution passed by the two associations on 27 January 2024, which states that the Federal Investigating Agency (the FIA') has issued notices to journalists purportedly on the ground that the judiciary was being maligned and they apprehend that journalists will be arrested when they attend the office of FIA. The learned Attorney-General states that the honest criticism a judgment or an order is not a crime and no coercive action will be taken nor criminal case registered in this regard and extends an undertaking on behalf of the Federal Government.
4.During the hearing reference was made to a judgment of this Court (PLD 2019 Suprem e Court 318) wherein the founder of Pakistan was quoted, who wanted journalists to be responsible, independent and fearless and he had welcomed criticism as under:
'The power of the press is great, but you must remember that this power which you are wielding is a trust. Look upon it as a great trust, and remember that you are guiding honestly and sincerely the progress and welfare of your nation. At the same time I expect you to be completely fearless ... If I go wrong, or if the League goes wrong in any direction of its policy or programmed, I want you to criticise it honestly.'
5.The president of the Supreme Court Bar Association (SCBA) is present and since the matter is one of Fundamental Rights of citizens was asked if SCBA would assist the Court and he stated that he will do so. To come up tomorrow, that is, Tuesday 30 January 2024.
Judges on this bench
- Muhammad Ali Mazhar1,594 judgments
- Qazi Faez Isa (C.J)94 judgments