PESHAWAR: The Peshawar High Court has set aside a notice issued by the Federal Investigation Agency’s Cyber Crimes Reporting Centre in Lahore to MNA and PTI leader Shandana Gulzar Khan for appearing before it in connection with an inquiry into the campaign against state functionaries.

A bench consisting of Chief Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah pronounced its order about a petition of Ms Gulzar against the FIA notice issued to her on March 9, 2024, over allegations against the rival PML-N’s leaders regarding the death of a PTI activist last year.

It had reserved its verdict on the petition a few days ago order as lawyers for both sides finished their arguments.

Senior lawyer Mohammad Muazzam Butt appeared for the petitioner and said his client was elected a member of the National Assembly from Peshawar’s NA-30 constituency.

Shandana Gulzar was called over drive against state functionaries

He said the FIA Cyber Crimes Reporting Centre Lahore, in the impugned notice, asked the petitioner to appear before the inquiry officer in person on March 14 in connection with an inquiry about which no details were provided.

“The only allegation mentioned in the impugned notice was a ‘highly intimidating campaign’ against state functionaries and creating violence in public and society through information system,” he said.

The lawyer contended that under Rule 3(1) of Prevention of Electronic Crimes Investigation Rules, 2018, the FIA had been designated as the investigation agency for the offences under the Prevention of Electronic Crimes Act (Peca).

He added that under Rule 5, the director general was responsible for overall administration of the cyber-crime wing and was authorised for overall administration of the wing.

“The FIA has to disclose sufficient information in the notice so that the person knows the purpose of being summoned. Such obligation has not been taken into account in the impugned notice issued to the petitioner,” he said.

The lawyer pointed out that according to news reports, complainant Shoaib Mirza had affiliation with rival political party - PML-N – that currently ruled the Punjab province with Maryam Nawaz as the chief minister.

He added that the PML-N had been harassing the petitioner through different agencies.

“The impugned notice used the expression state functionaries that aren’t defined by the Peca, Pakistan Penal Code, or the FIA Act. While calling for information or inquiring from any person, he or she must be informed of the facts, points, allegations and offence concerning the matter indicated in the notice so that that person could furnish the required information,” he said.

To a point raised by the court about how it could assume jurisdiction in the matter when the notice was issued by the FIA Cyber-Crimes Reporting Centre Lahore, the counsel contended that the petitioner belonged to Peshawar and was elected MNA from there, so such matters related to social media had to be taken up by the FIA office in Peshawar and not Lahore.

The complaint against Ms Gulzar was filed after she levelled allegations against PML-N leaders, including Maryam Nawaz, regarding the death of PTI activist Ali Bilal, also known as Zile Shah, in a road accident last year.

Published in Dawn, June 28th, 2024