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LAHORE: Pakistan skipper Babar Azam has moved the Lahore High Court (LHC) against the decision by a session court to permit the Federal Investigation Agency (FIA) to register a case against him under the cybercrime law.
In his petition, Azam named the woman Hamiza Mukhtar, the station house office of the FIA’s Cyber Crime Circle and the judge of the lower court as respondents.
According to the petition “Azam is an international cricketer and the captain of the national cricket team in all three formats. It also detailed his achievements as a batsman. It contended that the order passed by the sessions court was an “unreasoned, non-speaking order,” it added.
Azam further mentioned, “The instruction to register and FIR without application of judicial mind is against the dictates of the law. Further, the impugned order does not even consider the fact that no cognizable offense is made out and the instant complaint is the third complaint filed in an attempt to blackmail, harass and intimidate the petitioner to pay extortion money,” he added.
It said that the Justice of Peace is not bound to issue directions to the police in each and every case, to record the statement of the complainant, if apparently no cognizable offense is made out or the complaint is tainted with malice and ulterior motives.
It added that the impugned order was in violation of the Prevention of Electronic Crimes and Investigation Rules 2018, while the direction to register an FIR was in violation of rule seven of the same.
“That the impugned order was passed without hearing the petitioner is also a violation of the fundamental rights of the petitioner as guaranteed in the Constitution,” the petition said, adding that Azam reserved the right to raise further grounds at the time of the hearing.
The LHC to accept the writ petition and set aside the order issued by the lower court, the petition urged. “It is further prayed that during the pendency of the writ petition, operation of the impugned order may kindly be suspended,” it said.
On March 18, a session’s court in Lahore on Thursday had ordered the Federal Investigation Agency (FIA)’s Cyber Crime Circle to file a case against Pakistan skipper Babar Azam and others in a harassment case.
The Lahore Sessions Court was hearing a plea filed by a woman named Hamiza Mukhtar, during which the FIA submitted its report on the case. Hamiza Mukhtar alleged that she was receiving “threatening messages” from different mobile numbers on WhatsApp.
“The unknown persons also used to threaten and blackmail me that they have her objectionable pictures and videos and will upload them on social media,” she claimed.
The FIA, in its report, said one of the numbers was registered in the name of one Muhammad Babar Azam. The owners of the mobile numbers — Maryam Ahmed, Muhammad Babar and Salme BB — were served notices to join the FIA’s inquiry proceedings. Of the three, only Ahmed appeared in front of the agency and denied that she knew the petitioner and had sent her abusive messages.
The Court also summoned a Pakistani skipper, however instead of the cricketer, his brother, Faisal Azam, appeared before the FIA. The captain had sought time to reply, but he has not responded and neither has he recorded his statement with the FIA, the report said, adding: “It appears that he is guilty.”
Following the submission of the report, the additional session judge directed FIA to launch a complaint against Azam and take action against him in line with the law.
