On September 30, the Peshawar High Court temporarily suspended the implementation of notices issued by the National Cyber Crime Investigation Agency (NCCIA) to three journalists accused of sharing allegedly defamatory content against the Peshawar Commissioner.
The two-judge bench, comprising Justice Ijaz Anwar and Justice Dr. Khurshid Iqbal, issued the suspension while hearing a joint petition filed by Sajid Takkar, Zahir Shah Sherazi, and Anum Arshad. The court also directed the relevant authorities to submit a detailed response at the next hearing.
The petitioners argued that the NCCIA notices were vague and arbitrary, lacking specific allegations and thus violating their constitutional rights to freedom of speech, access to information, and fair trial under Article 10-A of the Constitution. During the court proceedings, representatives for the journalists, including Kashif Uddin, president of Khyber Union of Journalists, and senior journalist Amjid Ali Safi, contended that the notice was issued without clarity on the allegations or the specific content deemed offensive. They insisted that no details had been provided about the nature of the commissioner’s complaint, thereby violating their clients’ right to due process and a fair trial under Article 10-A of the Constitution.
The petitioners also requested that the court recognize their constitutional rights to freedom of speech, expression, and access to information, as guaranteed under Articles 19 and 19-A of the Constitution. They sought assurances that any actions taken against them would adhere strictly to lawful procedures and respect their fundamental rights under various constitutional articles.
The court’s decision to suspend the notice follows a precedent where similar notices issued to other individuals were also put on hold. The bench has scheduled a subsequent hearing to further address this issue, where the authorities are expected to provide a comprehensive justification for the issuance of the initial notice.
The NCCIA had earlier summoned five journalists—Sajid Takkar, Salman Yusufzai, Aqeel Yusufzai, Zahir Shah Sherazi, and Anam Malik—following a complaint by the commissioner’s office alleging a “coordinated smear campaign” against him on social media. The agency warned that non-compliance could result in ex parte action or seizure of property and social media accounts.
The KhUJ condemned the move as an attempt to curb press freedom, asserting that the Prevention of Electronic Crimes Act (PECA) 2016 is increasingly being used to intimidate journalists. Amendments made in January 2025 introduced harsher penalties—up to three years in prison or a Rs 2 million fine—for spreading so-called “fake news.”
