RANA MUHAMMAD ARSHAD vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad S

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RANA MUHAMMAD ARSHAD VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad S.5---prevention of electronic Crimes Act (XL of 2016), Preamble---Constitution of Pakistan, Arts.19 & 19-A---Freedom of information and press---Protection to journalists---Petitioner was a journalist who assailed undated notice of summoning him by Federal Investigation Agency without disclosing any reason/allegation---Contention of petitioner was that the Agency had recklessly exercised its power in an attempt to deter him from performing his functions as journalist without fear or favour---Validity---Such apprehension or fear in the mind of a person who was engaged in occupation reporting and dissemination of information to public not only undermined independence of the occupation but was intolerable in a society governed under a Constitution---Freedom of speech and expression was the most cherished human right and fortified other Constitutionally guaranteed rights---Threat whether real or perceived, of direct or indirect censorship because of functions performed by an independent journalist amounted to breach of Constitutionally guaranteed rights under Arts.19 & 19-A of the Constitution---Duty of State to protect independence of individual journalist and that of the occupation was a Constitutional obligation because it was an integral part of Arts.19 & 19-A of the Constitution---High Court directed Director General Federal Investigation Agency to formulate guidelines for investigating officers, having regard to principles highlighted in judgments of Supreme Court---High Court expected that the Agency would consider prescribing special guidelines regarding proceedings against persons engaged in profession of journalism on account of profound effect on the freedom of press and independence of a journalist when coercive powers were abused giving rise to a perception of retaliation to professional functions performed and the Agency could consult key stake holders---Federal Government i.e. Prime Minister and members of Federal Cabinet were elected representatives of the people and High Court did not have any reason to doubt their will and commitment to jealously guard against any attempt to undermine freedom of press and Constitutionally guaranteed rights of people whom they represent, it was their Constitutional duty to dispel any perception of inhibiting, limiting or restricting freedom of press through abuse of coercive powers by State functionaries and as democratically elected representatives of people they would take prompt and effective action to prevent abuse of coercive powers under prevention of electronic Crimes Act, 2016, in general and against independent and responsible journalists in particular---High Court advised Federal Government to consider proposing legislation similar to that of 'Protection of Journalist Act 2014' which was tabled before lower House of Majlis-e-Shoora (Parliament), having object of providing an effective forum for redressing complaint of journalists, which related to freedom of press---High Court also advised Federal Government to also consider meaningful consultation with all key stakeholders i.e. All Pakistan Newspapers Association, the Federal Union of Journalists, the Council of Pakistan Newspapers Editors etc. regarding dispelling perception of apprehensions and intimidation of independent journalists and abuse of coercive powers by public functionaries, particularly in relation to exercising powers under prevention of electronic Crimes Act, 2016---Constitutional petition was allowed accordingly.

RANA MUHAMMAD ARSHAD vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad S — 2021 PLD 42 ISLAMABAD

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