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Social media websites’ misuse has destroyed society, observes PHC CJ

By Akhtar Amin
June 17, 2016

PESHAWAR: Peshawar High Court (PHC) Mazhar Alam Miankhel observed on Thursday that the misuse of social media websites has destroyed the society.

“Everyone freely uploads photos on the social media websites in Pakistan without knowing the consequences of it,” the chief justice remarked, adding that the misuse of social media was leading the society to destruction.

The chief justice passed these observations in an application filed by Shamim Akhtar Kiyani for cancelation of the non-bailable arrest warrant against her by the high court. The PHC on June 6 had issued non-bailable arrest warrant against the woman claiming to be the wife of the late Senator Azam Khan Hoti for non-compliance with the court order and uploading his family pictures on the Facebook.

The court in the non-bailable arrest warrant notice had stated that Shamim Akhtar Kiyani had been restrained from using any material against Azam Hoti and his family members. The bench said that as per the record produced in the court by the petitioner’s widow Humaira Azam Hoti, the respondent Shamim Kiyani was using the name and materials on Facebook, which was a violation of the court orders.

The bench further stated that the high court had summoned the respondent on November 11, 2014 and on December 16, 2014, but she didn’t appear and violated the court orders.The bench suspended the non-bailable arrest warrant against the applicant Shamim Akhtar Kiyani till June 22, the next date in a contempt of court petition against her in high court.

The court said that she would not be arrested while appearing in the court, however, the non-bailable arrest warrant will remain in the field. Saifullah Mohib Kakakhel appeared in the court and submitted that the high court had issued non-bailable arrest warrant against the woman for non-compliance with the court orders. He said the applicant after the court restraining order did not post contemptuous materials against the petitioners.

The court questioned why she did not appear in the court even in the application for cancelation of the arrest warrant. The lawyer said that she wanted to come and appear in court but she was not aware and informed about fixation of her application in the court on Thursday. He said that in the instant case the FIA had also lodged the FIR against the applicant in which she had obtained pre-arrest bail from a court.

Azam Khan Hoti and his wife Humaira Azam Hoti in 2013 filed writ petitions against Shamim Akhtar Kiyani for maligning and defaming the complainants and their family.  Shamim Kiyani had illegally uploaded private pictures of the complainants with obscene, indecent comments on Facebook.

The petitioner through her lawyer Sabitullah Khan Khalil had submitted that despite the court’s restraining orders, Shamim Kiyani uploaded objectionable material against his clients on social media.

Deputy Attorney General Kifayatullah Khan, representing the Federal Investigation Agency (FIA) and Pakistan Telecommunication Authority (PTA), submitted that the FIA on April 6, 2016 had registered an FIR against the woman and the Cyber Crimes Wing of the agency had started an investigation in the case. However, he informed the bench, she was not arrested.