Pakistan Case LawSyed Ibn-e-Hussain and others. Versus Federation of Pakistan through its
This matter involves proceedings before the Supreme Court of Pakistan concerning journalists, freedom of the press, and related notices issued by the Federal Investigation Agency. During the hearing, oral submissions were made regarding the inclusion of an attacked journalist in previous orders, requests by representative bodies such as the Pakistan Federal Union of Journalists and the Press Association of the Supreme Court to file petitions, and an undertaking by the Attorney General for Pakistan that notices issued to journalists by the FIA would be deferred until after the general elections scheduled for February 8, 2024. The core legal questions revolved around the procedure for entertaining fresh constitutional petitions and addressing concerns regarding journalists. The Court ordered the inclusion of the journalist's name, granted time for counsel to submit a concise statement, adjourned the proceedings to a date post-elections, and directed that any new petitions filed under Article 184(3) of the Constitution be placed before the Committee constituted under the Supreme Court (Practice and Procedure) Act, 2023. The key principle laid down is the procedural handling of public interest petitions and the protection of fundamental rights of journalists during electoral periods.
- Whether notices issued to journalists by the Federal Investigation Agency can be deferred until after general elections upon an undertaking by the Attorney General?
- How should petitions filed under Article 184(3) of the Constitution be processed and placed before the appropriate authority under the Supreme Court (Practice and Procedure) Act, 2023?
- Can representative bodies of journalists become a party in ongoing proceedings concerning freedom of the press?
ORDER
Mr. Abdul Qayyum Siddiqui points out that he had forgotten to mention the attack on Mr. Absar Alam, who was a journalist, and as such paragraph 2 of the order dated 29 January 2024 may be read to include his name as well. Order accordingly. Report with regard to Mr. Absar Alam should also be submitted.
2.Mr. Afzal Butt, states that he is the President of Pakistan Federal Union of Journalists ('PFUJ') which wants to become a party in these proceedings and PFUJ may also file a petition under Article 184(3) of the Constitution. He may move an appropriate application in this respect and may also submit suggestions as to how to proceed further with these cases and/or file the said petition.
3.The President of Press Association of the Supreme Court states that they will be filing a petition under Article 184(3) of the Constitution with regard to the freedom of press and difficulties being faced by journalists and requests that in view of the urgency the office be directed to number such petition.
4.A number of concerns were addressed and the learned Attorney General for Pakistan reiterated the undertaking given by him, incorporated in the order dated 29 January 2024, and states that the notices issued to journalists by FIA will not be taken up or proceeded with till after the elections schedule for 8 February 2024 and that fresh notices will be issued for a date after elections.
5.Mr. Haider Waheed, learned counsel representing the petitioners in Constitution Petition No. 27 of 2022, made submissions. During the hearing a number of questions arose and he stated that he needed time to attend to them by filing concise statement and requested for two weeks time. Time granted.
6.All present in Court stated that these cases may be adjourned to a date after elections.
7.If any petition as stated above is filed under Article 184(3) of the Constitution it should be numbered and immediately placed before the Committee constituted under the Supreme Court (Practice and Procedure) Act, 2023.
Judges on this bench
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