\u00a0Islamabad High Court (IHC) Saturday declared that the use of controversial trend\u2019s hashtag is not a crime and also dismissed the Federal Investigation Agency\u2019s (FIA) case of similar nature filed against a citizen.
\nJustice Babar Sattar of the IHC approved a petition to dismiss the case filed by a citizen named Kashif Fareed.
\n“The [controversial] tweet was not defamatory to any individual and consequently Section 500 and 501 are not attracted in view of the allegations in the FIR,” the court’s judgement read.
\nIt added that a complaint 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 “without lawful authority”.
\nIn the written verdict, he mentioned that merely tweeting a trend does not constitute an offence.
\nThe verdict also stated that a case cannot be made unless something is inappropriate in the words written by the person who has tweeted.
\nThe purpose of 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 court’s judgement mentioned.
\nThe 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 public to commit an offence against the state or against the public”.
\nThe citizen feared that tweeting with the trend might lead to extra-legal action and FIA actually filed a criminal case, which is unimaginable, the verdict read.
\nThe court’s judgement added that it is tragic to instil doubts in the public’s mind through this move. The judge directed the FIA and the interior ministry to fulfil their basic responsibility of protecting citizens, rather than getting involved in such cases.
\nAny challan submitted in any court with regards to the case registered against the citizen and its procedure was declared void in the judgement.<\/p>\n","protected":false},"excerpt":{"rendered":"
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