PHC questions FIR in PECA case

Bench asks how SHO acted without FIA mandate

PESHAWAR:

The Peshawar High Court (PHC) has issued notices to the federal government and other relevant authorities, seeking a response regarding the registration of an FIR against a local lawyer under the Pakistan Electronic Crimes Act (PECA).

A two-member bench comprising Justice Syed Arshad Ali and Justice Abdul Fayyaz heard the case. During the proceedings, Justice Syed Arshad Ali questioned the legal basis of the FIR, remarking, "How can the police register a case under the PECA Act when it falls under the jurisdiction of the Federal Investigation Agency (FIA)? How can an SHO file such a case?"

The petitioner, Advocate Roman Shah, appeared before the court. Justice Arshad Ali asked him why the FIR had been registered. Shah responded that he was unaware of the specific allegations and only knew that it had been filed under PECA.

Justice Abdul Fayyaz noted, "The PECA Act falls within FIA's domain. How did the SHO register the FIR?" Justice Arshad Ali further added, "If the matter is within FIA's jurisdiction, then the SHO has no authority to register such a case."

The petitioner informed the court that he had already secured interim bail. The Assistant Attorney General told the bench that the FIR was based on a social media post made from the petitioner's account, allegedly targeting a senior official of a security agency.

Justice Arshad Ali questioned the petitioner's actions, asking, "Why do you share such content that creates problems?" In response, Advocate Roman Shah denied ownership of the account, stating, "This is not my account. Nowadays, fake accounts are created using other people's photos. I have no knowledge of this post."

Following the hearing, the court issued notices to the federal government and other respondents, directing them to submit their replies.