Case Details

Citation(s)
2026 SLG 4672 = 2026 SLD 4672 = 2026 PLJ 457
Lahore High Court
Crl. Misc. No. 27057-B of 2021
Presented By: Tariq Saleem Sheikh JUDGE
Ms. Hina Jillani, Advocate for Petitioner (in Crl. Misc. No. 27057/B/2021). Sh. Usman Karim-ud-Din, Advocate, for Petitioners (in Crl. Misc. No. 28986/B/2021 & Crl. Revision No. 53955/2021). Mr. Asad Ali Bajwa, Deputy Attorney General, and Syed Muhammad Haider Kazmi, Assistant Attorney General with Naveed Aslam/SI, FIA Cyber Crimes, Lahore. Mr. Muhammad Shahid Tasawar Rao, Advocate, assisted by Mian Tabassum Ali, Advocate, for Complainant. Date of hearing: 24.12.2021.

ZAHEER AHMED--Petitioner

VERSUS

STATE etc.--Respondents

Law: Code of Criminal Procedure, 1898

Section: 497 , 497(5), 196

Law: Prevention of Electronic Crimes Act, 2016

Section: 11

Law: Pakistan Penal Code (PPC),1860

Section: 295-A, 295-B, 295-C, 298-C, 34 , 109

Law: Constitution of Pakistan, 1973

Section: 29(1), 31, 260(3)(a)

Law: Punjab Holy Quran (Printing and Recording) Act, 2011

Section: 3, 4, 5, 6, 7, 8, 9 , 10

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497 & 497(5)--Prevention of Electronic Crimes Act, 2016 (XL of 2016), S. 11--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 295-A, 295-B, 295-C, 298-C, 34 & 109--Post-arrest bail--Cancellation of bail--Propagation of Ahmadi/Qadiani faith through WhatsApp group “Sindh Salamat”--Dissemination of proscribed translation of Holy Quran and banned religious literature through social media--Complaint before FIA Cyber Crimes Wing--Inquiry initiated--Raid conducted--Recovery of incriminating material including mobile phones, laptop and proscribed books--Accused allegedly shared banned content through WhatsApp which was corroborated through forensic report--FIR registered under Ss.295-A & 298-C, P.P.C. and S.11, P.E.C.A., whereafter Ss.295-B, 295-C, 34 & 109, P.P.C. were added--Post-arrest bail applications of accused dismissed by Sessions Court--One accused initially granted bail but same was later cancelled under S. 497(5), Cr.P.C. after addition of further penal provisions--Accused approached High Court through bail petitions and criminal revision--He maintained that Petitioners had committed a heinous offence and were not entitled to bail--The question as to whether an administrator could be held criminally liable for objectionable material posted by members of group had been considered in many cases--The preponderance of opinion is that group administrator provides a platform to select persons and opportunity to share posts--If he did not contribute or is not directly involved in dissemination of objectionable material, he could not be prosecuted unless there is a specific penal provision creating vicarious liability or it is proved that there was common intention or pre-arranged plan and group administrator and members were acting in concert--It is trite that at bail stage court should only make a tentative assessment of evidence collected by Investigating Agency--Court therefore, avoid a detailed appraisal lest it may prejudice trial--The Petitioners created a WhatsApp group by name of Sindh Salamat--Perusal of screenshots of conversation between them and other members reflected that its…
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