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ISLAMABAD, Jan 29 (APP):The Islamabad High Court (IHC) on Wednesday stayed the trial of Director Anti-Corruption KP Siddique Anjum for the alleged social media campaign against Additional Sessions Judge Humayun Dilawar.
IHC’s Justice Babar Sattar wrote in order that the court expects that the trial court will not take any further action until the matter is resolved in the High Court.
The IHC has sought all the case record and detailed report from the DG FIA that how the inquiry was initiated and how the action was taken. Prima facie, the FIA has misused its powers, it said.
Justice Babar Sattar has issued a 3-page written order for hearing on Siddique Anjum’s application, which states that according to the lawyer, a case was registered against Judge Humayun Dilawar on the instructions of the petitioner. The case against the petitioner is a counter-action to the same FIR. It said that the Section 20 of PECA 2016 has been declared null and void by this court, hence action cannot be taken under this law.
The court said that Section 24 of the PECA Act deals with cyber stalking, which was also not proven in this case. Under Section 43 of the PECA Act, these are non-cognizable offences and a case cannot be registered without the prior permission of a magistrate.
The order said that in this case, the prior permission of the magistrate was not taken and a complaint can be filed by the federal or provincial government under Section 505 of the Pakistan Penal Code.
The petitioner’s lawyer had stated that the petitioner is not accused of threatening or harming anyone, the provisions of PECA and the Criminal Code do not apply.
Further hearing of the case was then adjourned till February 10.