The Supreme Court emphasized that journalists should not be criminally charged for social media campaigns against judges. Attorney General Mansoor Usman Awan assured the court reporters wouldn’t face charges for “honest criticism” of judgments.
Details of the Hearing and Statements
Led by Chief Justice Qazi Faez Isa, the bench reviewed a suo motu case on journalists’ harassment. Despite requests, they didn’t suspend Federal Investigation Agency (FIA) proceedings against journalists. The FIA had issued notices to over a dozen journalists amid a smear campaign against judges.
The CJP stated that while personal mockery is tolerable, mocking the judiciary harms the nation. The Press Association of the Supreme Court (PAS) and the Islamabad High Court Journalists Association (IHCJA) initiated the case. It consolidates a similar 2021 case requested by the PAS.
PAS President Aqeel Afzal mentioned FIA notices to 22 journalists from a list of 47. AGP Awan emphasized balancing human dignity (Article 14) and freedom of speech (Article 19). He stated criticism should focus on judgments, not judges.
CJP Isa affirmed that fair criticism is every citizen’s right, ensuring freedom of expression for journalists. The court ordered AGP Awan to provide details on investigations and actions against journalist harassment.
The CJP instructed AGP Awan to seek assistance from intelligence agencies, including the ISI, and report any non-cooperation to the court.
Investigation Gaps and Social Media Concerns
Journalists Matiullah Jan, Asad Ali Toor, Imran Shafqat, and Aamir Mir reported insufficient investigations in their cases. Toor noted a lack of progress despite an FIR against unknown assailants. Jan highlighted journalist Arshad Sharif’s assassination in Kenya.
The court acknowledged allegations of attacks by intelligence agencies and directed unhindered investigations. Justice Hilali expressed concern over social media’s negative impact on institutions and society. Justice Mazhar noted the absence of a social media code of conduct.
The CJP lamented the lack of action against crimes like the killing of polio workers, bombing girls’ schools, and harassment of women, citing a fatwa against women voting as an infringement of voting rights, not free speech.
