Attorney General says Capturing video without Individual’s consent is crime
- The video released by Maryam Nawaz comes under the prevention of electronic crime act.
- Attorney general says everyone involved in the making and spreading of the video is a cyber-criminal and should face the penalty.
- Prime minister Imran Khan suggests superior courts should take notice of a video released by Maryam.
Prime Minister Imran Khan also said that superior courts should take notice of a video released by Maryam Nawaz.
The video clip Maryam Nawaz played at her press conference comes under contempt of court and the government is not responsible for this, said Attorney General Anwar Mansoor Khan.
The Chief Law Officer said this issue comes under cyberstalking and forensic analysis is needed however, the government can also take action against it.
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Cyber Analysis comes under the prevention of electronic crime act, and according to this act, the government as well as the accused judge, can take up this matter, he told.
Talking about the press released by Accountability Judge Arshad Malik:
The Accountability Court Judge Arshad Malik has rejected the claims of Maryam Nawaz saying, “Serious allegations were made against me.” He said this attempt was a conspiracy to affect his credibility.
A lot of threats of serious consequences were given by the Pakistan Muslim League Nawaz (PML-N) while hearing of the cases against the former premier.
However, the judge concluded that videos shown during the press conference are based on lies and legal action should be taken.
Why the issue wasn’t discussed before?
The Attorney General asked why wasn’t this issue discussed before and why the video clip wasn’t presented earlier. “This issue wasn’t reported at any site before,” he said.
Is it necessary to provide real video for forensic analysis or secondary evidence is enough?
According to the prevention of electronic crime act 2016, there are three elements that will be needed for the forensic analysis.
- The one who originally made the video along with the equipment on which video was recorded.
- The one who was present while the making of the video.
- The one to whom the transmitted video was sent.
As per this act, “A person can leak evidence on the basis of electronic crime only if it is genuine and no modification is made,” the Attorney General said.
How will this affect the Rule of Law?
The Attorney General said there are two important things that come under this matter:
- The overall effect of this act
- The effect on the judiciary
The overall effect of this act:
As far as the release of video clip is concerned, there is a crime section 24 prevention of electronic crime act 2016 in which: “If you stalk someone without his permission, without his knowledge and then you transmit it, it is a crime and its penalty is three years along with a fine of 10million.”
On the other hand, there is another section 20/21 for those also who again transmits the already transmitted video and tries to degrade someone through this. Its penalty is also three years.
The effect on Judiciary:
If the released video will be proved right, severe action will be taken against the involved Accountability judge.
This is only possible if the judgments against former prime minister were not made according to the evidence, but in case, the judgments are right as per provided evidence, there will be no effect of the act.
Who should do a forensic analysis of the video, the Govt or the Judiciary?
“As Chief Law Officer, I would suggest the judiciary to take action against the matter,” the Attorney General said.
Talking about the retrial:
As the PML-N is asking for retrial in Nawaz Sharif’s Al-Azizia Steel Mills case, they should know that documentary evidence cannot deny the fact that Nawaz Sharif had been involved in money laundering and corruption cases.
Talking about this, the Attorney General said:
“If the judge says it is a retrial case according to the affiliate forum then it is possible, however, PML-N cannot put it on retrial themselves.”
Talking about previous happenings:
He said previously, there were no cyber laws in the country and that’s why no action was being taken. But now, as per cyber law:
“The one who makes the video, the one who asks to make video and the one who transmits, is Cyber Criminals.”
PM says courts should take notice:
Prime Minister Imran Khan also said that superior courts should take notice of a video released by Maryam Nawaz. He said the judiciary is free and independent therefore, it should take notice of the matter.
The premier said the government will not tolerate attacks on state institutions and will defeat every conspiracy against them. He further said that PML-N has a history of attacking the judiciary.