By Uzma Zafar
ISLAMABAD: The Islamabad High Court (IHC) on Monday grilled the Federal Investigation Agency (FIA) for abusing its powers to arrest Mohsin Baig, an analyst, for making defamatory remarks against a federal minister on a TV show.
The court, however, dismissed the pleas filed by Baig’s lawyer against the terror case, saying the matter will be heard by the relevant court while it also issued a contempt notice to the FIA cybercrime director for abusing powers to arrest the media personality.
The FIA had registered a case against Baig at Communications Minister Murad Saeed’s request, days after the former made an unethical and disparaging remark against the latter during a private TV channel programme. The panellists were discussing Murad’s ministry receiving a top performance award by Prime Minister Imran Khan recently.
The programme received heavy criticism from government quarters, and the channel was also served a show-cause notice by the media regulator.
During the hearing of a plea filed by Baig’s lawyer Latif Khosa, Islamabad Advocate General Niazullah Niazi said Baig was booked for alleged torture of FIA officials.
“Baig also scuffled with the police officials at the police station and strongly resisted his arrest,” Niazi informed the bench.
“Even if someone barged into their house unlawfully, why did Baig take the law into his hands,” said CJ Minallah. “Whatever his defence is in this regard, he should present it in the relevant trial court,” the IHC CJ said, adding that no one could take the law into their hands.
Justice Minallah also expressed displeasure over the absence of the FIA representative during the hearing, saying, “Who is this FIA director who doesn’t care for the Constitution and rule of law.”
“This is not a matter of just one citizen, this issue pertains to fundamental rights,” the judge added. After the court notice, FIA Cyber Crime Director Babar Bakht appeared before the bench
While addressing Bakht, Justice Minallah said the FIA director had assured the court that it would not abuse its power to make such arrests. “How long has this court been giving you the opportunity, [but] in every case you are abusing your authority.”
He further asked the FIA director to tell the court where and when did the agency receive the complaint. Bakht said that FIA had received the complaint in Lahore.
Justice Minallah asked whether the FIA had conducted an inquiry into the matter before arresting the accused. “Did you do all this just because the complaint was lodged by a federal minister,” he asked.
The IHC CJ asked how many individuals were part of the TV panel, asking why the other guests had not been arrested. “Defamations laws are being decriminalised across the world but in Pakistan, criminal laws are being used to protect the public officials,” he added.
