IHC dismisses PTI leader’s plea
TERENCE J SIGAMONY
ISLAMABAD: The Islamabad High Court (IHC), Tuesday, dismissed Sheikh Waqas Akram’s petition challenging the Joint Investigation Team (JIT)’s notice issued to him under Prevention of Electronic Crimes Act, 2016.
The JIT has summoned the Pakistan Tehreek-e-Insaf (PTI) leader to investigate about the party’s alleged social media campaign against the state institutions.
The case was fixed before a single bench of Justice Inaam Ameen Minhas on Tuesday.
The case was called twice, but neither Sheikh Waqas nor his counsel appeared before the Court, the judge; therefore, dismissed the petition for non-prosecution.
The petition filed by PTI leader, Sheikh Waqas Akram, through Barrister Muhammad Umer Riaz challenging the JIT and the proceedings of PECA against him.
The petitioner has challenged the JIT notification dated 26.07.2024 terming it illegal, unlawful, and in violation of Section 30 of the Prevention of Electronic Crimes Act, 2016, and Schedule VII of the Prevention of Electronic Crimes Investigation Rules, 2018.
The petitioner contended that the impugned notification is illegal and unlawful, asking to appear before JIT, constituted under Section 30 of the Act of 2016 and Schedule VII the Rules, 2018.
He submitted that Section 30 of the Act of 2016 provides certain conditions for formation of JIT to investigate the offence under the Act of 2016. He contended that this offence is neither defined nor covered under the notification dated 26.07.2024. He also stated that, as per the impugned notification, the Inspector General of Police of ICT, Islamabad, is heading the JIT, which is a complete violation of Section 2 of PECA 2016.
The petitioner stated that Rule 16 is very clear that a time-frame for the offence ought to be mentioned in the notification, whereas, in this notification, no such thing is mentioned.
He argued that, since the agency has already been established, there was no need to formulate a JIT, which is in violation of Section 29 of the PECA Act 2016.
The JIT is investigating 16 individuals, including senior PTI leaders, for their alleged involvement in negative propaganda on social media.
Meanwhile, a single bench of IHC Justice Muhammad Asif issued notices to the authorities in a petition seeking quashment of an FIR registered against former JI Senator Mushtaq Ahmed and his wife Humaira Tayyaba for allegedly violating Section 144 during the Gaza protest.
The bench directed all parties to submit their responses by today (Wednesday).
Police detained the former senator, his wife and other demonstrators were arrested for participating in a protest held outside the Islamabad Press Club against the ongoing Israeli atrocities in Gaza, and the case was registered at Kohsar Police Station on May 30 as the protest was deemed a violation of Section 144.
