Peshawar:
The High Court of Peshawar (PHC) issued opinions to the federal government and other competent authorities, requesting an answer concerning the registration of a FIR against a local lawyer under Pakistan Electronic Crimes Act (PECA).
A bench of two members including judge Syed Arshad Ali and judge Abdul Fayyaz heard the case. During the procedure, judge Syed Arshad Ali questioned the legal basis of the FIR, pointing out: “How can the police register a case under the PECA Act when it is the court of the Federal Inquiry Agency (FIA)? How can a Sho file such a case?”
The petitioner, the lawyer Roman Shah, appeared in court. Judge Arshad Ali asked him why the FIR had been recorded. Shah replied that he was not aware of specific allegations and only knew that it had been deposited under the PECA.
Judge Abdul Fayyaz noted: “The PECA Act is in the FIA domain. How did the Sho record the FIR?” Judge Arshad Ali added: “If the case is in the jurisdiction of the FIA, the Sho does not have the power to record such a case.”
The petitioner informed the court that he had already obtained a provisional deposit. The deputy prosecutor general told the bench that the FIR was based on a social media position issued from the petitioner account, targeting a senior official of a security agency.
Judge Arshad Ali questioned the actions of the petitioner, asking: “Why do you share such content that creates problems?” In response, Roman lawyer Shah denied ownership of the account, declaring: “It is not my account. Nowadays, the false accounts are created using the photos of others. I have no knowledge of this post.”
Following the hearing, the court issued opinions to the federal government and other respondents, asking them to submit their answers.
