PHC suspends notice issued to three journalists under cybercrime law

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PESHAWAR: Peshawar High Court on Tuesday suspended a call-up notice issued to three journalists by National Cyber Crimes Investigation Agency (NCCIA), asking them to appear in an inquiry started against them over a complaint lodged by Peshawar commissioner.

A bench consisting of Justice Ijaz Anwar and Justice Dr Khurshid Iqbal issued notice to relevant inquiry officer of NCCIA, seeking his response to a joint petition filed by the three journalists named Sajid Takkar, Zahir Shah Sherazi and Anum Arshad.

The petitioners have sought declaration of the court to the effect that the impugned call-up notice issued on Sep 24 to them by NCCIA as illegal and of no legal effect. They requested the court to restrain the respondents including the NCCIA inquiry officer from taking any coercive, adverse or harassing action against them on the basis of the impugned notice.

They also sought directives of the court for the respondents to proceed strictly in accordance with law and the Constitution of Pakistan, ensuring the petitioner’s fundamental rights under Articles 4, 9, 10-A, 14, 19, and 25.

Petitioners term move of NCCIA illegal

Due to strike by legal fraternity, president of Khyber Union of Journalists Kashif Uddin, and senior journalist Amjid Ali Safi appeared for the petitioners and stated that they were professional journalists, representing a digital media platform.

They stated that recently NCCIA issued the impugned notice to them, asking them to appear before the inquiry officer in connection with a probe started over a complaint filed by Peshawar commissioner against them.

They said that so far no information had been provided to the petitioners about the nature of allegations against them or about the grievance of the commissioner.

Mr Safi pointed out that recently the high court suspended almost identical notices issued in different cases to chairman of National Democratic Movement Mohsin Dawar and senior lawyer Tariq Afghan.

In the petition, filed through advocates Sajeed Afridi and Barrister Huzaifa Ahmad, the petitioners said that they were law-abiding citizens, exercising their constitutional right to freedom of speech, expression, and access to information as guaranteed under articles 19 and 19-A of the Constitution.

They stated that the impugned notice was unlawfully issued to them by the inquiry officer under Section 20, 26-A of Prevention of Electronic Crimes Act (Peca), 2016, read with Section 160 of Code of Criminal Procedure.

They said that the notice alleged “false, defamatory and misleading content” without providing particulars of the so-called offending material, thereby violating the petitioners’ right to due process and fair trial under Article 10-A of the Constitution.

They contended that the impugned notice was malafide, arbitrary and intended to harass and silence the petitioners for exercising their democratic right of criticism of public officials.

Published in Dawn, October 1st, 2025

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