PHC orders release of boy in fake Facebook accounts case

PESHAWAR: The Peshawar High Court (PHC) on Wednesday ordered the release of a boy who was arrested for making fake Facebook accounts in the name of a girl and her mother and sharing objectionable accounts on them.

However, the court observed that the Federal Investigation Agency (FIA) would be at liberty to take action against the accused as the crime was related to the FIA.A single bench headed by Justice Younas Thaheem issued the release order of Muhammad Awais, a resident of Attock, after hearing arguments from both the sides and state lawyer. During the course of hearing, the petitioner's lawyer Wali Khan Afridi submitted that as per the first information report filed at the Topi Police Station in Swabi district, the police charged the accused with sections 25 and 506 of the Telegraph Act.

He said the accused was charged with making fake Facebook accounts of the complainant's sister and mother and posted photos and objectionable material to defame them.The lawyer submitted that it was not the jurisdiction of the police to arrest and charge the petitioner as these crimes fell in the jurisdiction of FIA.

He submitted that there was no direct or circumstantial evidence, which connected the petitioner to the crime. He argued that the entire story narrated by the complainant in the FIR was false and fabricated.

He submitted that the statement of the girl contradicted the FIR. Wali Khan Afridi said the crime was bailable and prayed the court to release the petitioner on bail as the prosecution had not yet confirmed the jurisdiction of investigation. He said the prosecution had recommended that the case should be investigated by the FIA.