Social media campaign against institutions: IHC questions multiple FIRs on a single offence

ISLAMABAD: The Islamabad High Court (IHC) has decided to appoint amici curiae (friends of the court) in the case of defamatory campaigns against state institutions and objectionable content on electronic or social media.

The court raised the question whether a crime will be considered to have been committed in the city from where the objectionable Vlog is uploaded on social media or a plaintiff can file a case in any city of choice.

During the hearing, Justice Mohsin Akhtar Kayani made it clear the court will permanently resolve the issue of filing multiple cases on the same charge involving social media across the country.

He also made it clear no matter how many FIRs are registered against a crime, the trial is conducted in one case, and punishment can also be pronounced in that single case.

Justice Mohsin Akhtar Kayani on Tuesday heard the petitions filed by Vlogger Imran Riaz, Sami Ibrahim, Moeed Pirzada and late Arshad Sharif’s counsel seeking detail of criminal cases registered against them for uploading Vlogs on social media. The detail of the cases is not being provided by the Federal Ministry of Interior to them despite a previous order of the court.

On court’s query, the assistant attorney general (AAG) said a letter has been sent to IG Sindh, but he has not responded. Expressing annoyance, the judge remarked, “Are you saying the IG Sindh is not giving a report on the instructions of the interior ministry?”

Justice Mohsin Akhtar said this case has been lingering on for two years, while today is its 15th hearing. The court is asking for information from any other country, the judge remarked, asking how hard is it to get a report?

The judge stated the question is how could more than one FIR be registered against a person in different cities on the same charge? Several FIRs filed against them in Attock, Chakwal, Sargodha and Khushab have also been quashed, the judge said.

To judge’s question that whether the accused will go to 10 districts, the AAG contended that if the same punishable offence has been committed at different places on different dates, it would not be considered as the same crime.

The judge questioned, “If there is a case of defaming a state institution, won’t the case be registered within the limits of that institution’s office”?

He remarked, “If an FIR is filed against an accused in Pishin district of Balochistan, the investigating officer will have to record statement of the responsible people of relevant institution”.

The AAG argued there is no need for their statement because that is an admitted crime. The judge asked if the statement of relevant persons of that institutions is not recorded, how would the case against the accused be instituted?

Later, the court said some questions will be framed on the matter in the written order for appointing amici curiae in this case. The court will resume hearing of the case on April 24.