SHC proposes names of judges to hear cybercrime cases

Author: By Yousaf Katpar

KARACHI: Sindh High Court Chief Justice Sajjad Ali Shah has recommended the names of a district and sessions judge and a judicial magistrate to the federal government for notifying them as presiding officers to try the cases of cyber crime across the province.

Sources told Daily Times that district and sessions judge, Faheem Ahmed Siddique, and judicial magistrate, Abdul Wahid have been recommended as the designated presiding officers of the court which would try the accused persons in the cyber crime cases.

Earlier this week the federal government wrote a letter to the SHC Chief Justice requesting him to recommend the names of a district and sessions judge and one judicial magistrate for designating them as presiding officers of the cyber crime courts.

Under Section 44 of the Prevention of Electronic Crime Act, 2016 the federal government is required to nominate in consultation with the chief justice of the respective province presiding officers to try the cases lodged under this Act.

The fate of the cyber crime cases had been hanging in limbo as the federal government has not yet notified any judicial officer of the cyber crime courts.

The legal lacuna regarding the nomination of a judicial officer to take cognizance of such crimes under the Act, 2016 surfaced when the Federal Investigation Agency brought a suspect to a judicial magistrate Karachi East to seek his physical remand.

Sources said that Karachi East’s D&S Judge Faheem Ahmed Siddiqui while pointing out the lacuna had sent a reference to SHC chief justice requesting him to direct the authorities to designate a judicial officer with consultation of the chief justice as required by the law or to order the existing judicial officers to entertain such cases as stopgap arrangement.

The Act was promulgated on 19th August, 2016 and as per its Section 1(5) it shall come into force at once. However difficulties arose in respect of cognizance as under Section 44 of the Act, the federal government in consultation with the chief justice of the respective high court shall designate a presiding officer to try the cases lodged under this Act.

Sources said that no presiding officer has been designated by the federal government so far. However, under Section 29 of the Act , FIA has been designated through a notification as law enforcement agency in respect of the implementation of the Act.

Source said that the FIA had started arresting the offenders under the new law, but no judicial officer can take cognizance of the offence in absence of any notification by the federal government in compliance with Section 44 of the Act.

The FIA had brought accused Farhan Kamrani, who is an assistant professor at Karachi University’s psychology department, to D&S Judge for remand but the judge refused to entertain the case citing the legal lacuna.

According to the FIA authorities, Kamrani has been booked under Section 21 of the Act for causing harassment to a female teacher by posting objectionable and indecent content about her on the Facebook page of a private university.

The assistant professor had also been placed under suspension by the university’s management following a letter from the FIA pertaining to his arrest.