Former army chief General (retired) Qamar Javed Bajwa has filed his objection before the Islamabad High Court to the application for registration of a case against military officers and journalists, including the former army chief.
IHC Chief Justice Aamir Farooq said this is an ordinary case, and it is true that there are some big people involved in it. The FIA has to first see whether a crime has been committed in the case or not, he noted. The court then issued notices on Gen Bajwas objection application and sought replies.
Advocate Umer Ijaz Gilani, representing Qamar Javed Bajwa, raised objections to the petition, emphasizing its invalidity due to being submitted after a six-month period.
However, the Federal Investigation Agency (FIA) replied that if the application has been received, they will look at it as per law and then decide.
Chief Justice Farooq highlighted that it was a simple and plain case, even though there were some important personalities attached to it. He also underscored the need for the FIA to determine whether any criminal activity had occurred before further action could be taken.
"Previously, there was a case of 22-A, in which an order was given by senior judges. I won't name the senior judges, who gave the order, but I won't give that order," the CJ maintained.
The lawyer representing journalist Javed Chaudhry also voiced objections. To this, the CJ said the FIA has to decide upon the inquiry according to law and rules. The assistant attorney general reiterated the need for decisions to be made in accordance with the law. "The request has been received, we will take decisions according to law," he added.
Chief Justice Aamir Farooq maintained that the court could not direct the FIA to file a case, and the case could be sent to the division bench if need be. He said whoever the investigation officer is must be told to investigate the case according to the rule of law, adding that the case includes journalists among other people.
In a final directive, the court instructed the FIA to decide on the petition in accordance with the law, with notices issued on the objections filed. The hearing was then adjourned indefinitely.
