ISLAMABAD: The Supreme Court ordered the Federal Investigation Agency (FIA) to refrain from arresting journalists until the next hearing of the case, on Wednesday.
Chief Justice of Pakistan questioned, “Is this a violation of the law?” He clarified that the notice issued fell under Section 160 of the Criminal Procedure Code, serving as a precursor to the registration of an FIR. “There’s a possibility that such a notice may be issued to me tomorrow; there’s no guarantee that an FIR will be registered. Sometimes, under pressure from above, an officer may issue a notice but refrain from registering an FIR or making an arrest. Such notices can also be used to summon someone as a witness,” the CJP elaborated.
“We can only declare something illegal if it’s shown to us as such; we won’t deem a legal act as null and void,” the Chief Justice emphasized.
Barrister Salahuddin stressed the necessity of providing complete details of the case with the notice. “I should be informed of the reasons if I am being summoned to the police station,” he added.
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The Chief Justice pointed out that according to Barrister Salahuddin’s argument, the FIR must be mandatory before summons. He also mentioned that officers might call for verification of facts before registering an FIR.
Justice Naeem Akhtar Afghan noted that typically, the registration of the FIR precedes any summons. “Do you prefer a notice under Section 157 instead of Section 160?” he inquired.
Barrister Salahuddin responded, “The notice can be served after the FIR is registered.”
