PESHAWAR: The Peshawar High Court has issued notices to the federal government and other concerned parties after hearing a petition filed by Advocate Roman Shah, who challenged the registration of a First Information Report (FIR) against him under the Prevention of Electronic Crimes Act (PECA), 2016.
A two-member bench comprising Justice Syed Arshad Ali and Justice Abdul Fayyaz conducted the hearing. During proceedings, the judges raised significant questions about the procedural legality of the FIR.
Justice Arshad Ali questioned the petitioner’s lawyer, asking, “Why was an FIR registered against you?” Advocate Roman Shah responded that an FIR had been filed under PECA, but he was unaware of its exact grounds or contents, stating, “I don’t even know what the PECA Act is.”
Justice Abdul Fayyaz raised a key legal point, observing that PECA-related matters fall under the jurisdiction of the Federal Investigation Agency (FIA). “If it’s under FIA’s domain, how can a Station House Officer (SHO) file the FIR?” he questioned. Justice Arshad Ali echoed the concern, emphasising the need to clarify whether the FIR was registered by the appropriate authority.
The petitioner informed the court that he had already obtained interim bail in the case. An Assistant Attorney General, representing the state, told the bench that the FIR was filed because a controversial social media post targeting the Army Chief was allegedly made from the petitioner’s account.
In response, the petitioner strongly denied any connection to the post or the account, asserting, “That is not my account. These days, fake accounts are created with someone else’s name and picture. I wasn’t even aware such a post existed.”
Justice Arshad Ali cautioned the petitioner about the consequences of sharing sensitive or inflammatory content online, saying, “Why do you share things that can cause problems?”
The court took notice of the procedural ambiguities and the nature of the allegations. It issued formal notices to the federal government and other respondents, seeking a detailed response before the next hearing.
The Prevention of Electronic Crimes Act (PECA), 2016, was enacted to address online offences including cyber terrorism, hate speech, defamation, and unauthorised access to data. It grants exclusive authority to the Federal Investigation Agency (FIA) to investigate such offences. However, questions have repeatedly been raised in Pakistani courts about the misuse or misapplication of PECA, particularly in cases involving freedom of expression or political speech.
In recent years, concerns have grown over how PECA is being used to curb dissent, silence journalists, or prosecute individuals for social media content. This case adds to the ongoing legal and public debate surrounding the law’s application and the due process required in such investigations.
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