ISLAMABAD: Chief Justice of Islamabad High Court Athar Minallah said that the case of Mohsin Baig was a unique case of misuse of power by the FIA. IHC chief justice has issued a show-cause notice to the director, cybercrime wing of the FIA for trespassing the law.
On Feb 16, the FIA officials raided Mohsin Baig’s residence over the complaint of PTI minister Murad Saeed. The latter accused him of “character assassination” during NewsOne talk show G for Gharidah.
During the raid, FIA said Baig shot at and roughed two officers. After an hour of fighting, the journalist was arrested and case was registered against him for attacking government officials.
Today, the court issued a show-cause notice against FIA’s cybercrime wing chief. Justice Minallah remarked that the raid was “unacceptable in a democratic society” and no one was allowed to take the law in their hands.
“There’s something called the State’s writ and it can’t be compromised,” he asserted. The judge was irked at the absence of FIA’s cybercrime wing director and summoned him immediately.
When he arrived in court, at 11am, Justice Minallah said action will be taken against him. “You’re incorrectly using your authority in every case.”
The judge asked the agency’s chief why Murad Saeed’s FIR was registered in Lahore when he’s a resident of Islamabad. “The minister sahab himself lodged the complaint,” he replied and then, on court’s orders, read the FIR out loud.
After he finished, the judge remarked that the complainant himself said the incident took place on a TV show. “How can a PECA law be applicable on a television programme?”
FIA director replied that the clip was shared on Facebook and YouTube. “But was it shared by Mohsin Baig himself?” Justice Minallah inquired. “A lot of people were there in the talk show, why weren’t all of them arrested?”
The FIA official argued that it was Baig who mentioned Reham Khan’s book.
The judge, subsequently, asked what is so insulting about referring a book. “FIA has defrauded the court and the nation. Your job is to protect citizens, not someone’s reputation,” he said.
“The section under which you conducted the inquiry has ashamed even the complainant,” Justice Minallah pointed out. “Do we live under a martial law?”
The court then asked the additional attorney general if it was right to add Section 21D in the case. The latter’s response was adverse.
Justice Minallah, subsequently, remarked that the greatest insult is the violation of the law. “The biggest insult is to sabotage freedom of expression and misusing power.”
He stressed that this case is a “classic case” of FIA misusing power, adding that the agency has made a case that has deemed the entire law null.
The court, consequently, summoned responses from the FIA chief and asked him to submit an affidavit in court warning that if he fails to satisfy the judge, contempt proceedings will be initiated.
Attorney General Khalid Jawed has been told to provide his response too. The hearing has been adjourned till Thursday, February 24.
Torture in police custody
Meanwhile, Islamabad Advocate General Niazullah Niazi submitted the report on allegations of torture on Mohsin Baig under police custody. It stated that on the day of the raid, the journalist opened fire and injured two FIA officials.
He resisted while being taken to the police station and fought with the officers when he reached there too.
Case background
Last week, Baig’s wife filed a petition. It said: On Wednesday armed men in civil dress barged into the journalist’s house and misbehaved with the guard.
Baig’s wife has said that her husband “came out with the licensed pistol to guard against an assault on his house but was taken hostage.” He was also tortured by the FIA and the police.
Mohsin Baig’s son, Hamza, has also been “missing” since the incident, she said. The applicant said that she doesn’t know “where the police official and FIA team have kept him and concealed.”
Baig’s wife claimed said that some “unknown men” trespass their house in the garb of investigation of case registered with the FIA by PTI Minister Murad Saeed against Baig for using “abusive” and “immoral language” against him during the talk show last week.
