Islamabad High Court (IHC) dismissed Federal Investigation Agency’s (FIA) plea on using a controversial trend’s hashtag and declared that it is not a crime.
The IHC’s Justice Babar Sattar accepted a petition to dismiss the case filed by Kashif Fareed.
The IHC observed that “The controversial tweet was not defamatory to any individual and consequently Section 500 and 501 are not attracted given the allegations in the FIR. And complaints under Section 505 of the Pakistan Penal Code (PPC) could only be registered by the federal or provincial government’s order or by an officer empowered by them, which declared the FIR’s registration to be done.”
The IHC, further added that merely tweeting a trend does not constitute an offense, and a case cannot be made unless something is inappropriate in words written by the person who has tweeted. Filing such an FIR against a citizen is only to curb freedom of speech and illegal censorship. The FIA has made a mockery of the state by registering this case.
The verdict mentioned that it is “inconceivable” how the tweet, due to which a complaint was filed against the petitioner, could “cause fear or alarm within the public, causing a member of the public to commit an offense against the state or the public.”
The citizen feared that tweeting with the trend might lead to extra-legal action, and FIA filed a criminal case, which is unimaginable, the verdict read.
The court’s judgment added that it is tragic to instill doubts in the public’s mind through this move. The judge directed the FIA and the interior ministry to fulfill their basic responsibility of protecting citizens rather than getting involved in such cases.
Any challan submitted in any court regarding the case registered against the citizen and its procedure was declared void in the judgment.
