A. Reference & Issues

1. Further to KQU -------- of -------, being an important matter, we would inform you about ------------------------------- (Attachment 140.1) in ensuing paragraph, with emphasis ours in bold & Underline for quick reading.

2. The above case is not on --HC website but found from reliable source. We have only been able to obtain a one-page copy of the --HC order so far. If we find complete version from web / reliable sources, we will share it with you promptly, ISA.

B. Brief Facts

1. Through this application, the Petitioner seeks post-arrest bail in case FIR No. ------- dated -----, registered at Police Station FIA Cyber Crime Wing, -----, for offences under sections 295-A, 295-B, 295-C, 298-A and 109 PPC, and section 11 of the Prevention of Electronic Crimes Act, 2016 (PECA)

2. Briefly stated, the prosecution case is that the Informant was added to two WhatsApp groups, namely --------------------- and -------------- (full descriptions withheld). According to him, he noticed that various members of those groups were ---------------------. He preserved screenshots of some posts and lodged a complaint with the FIA Cyber Crime Wing, Lahore, whereupon Inquiry No. 940/2024 dated 4.4.24 was registered. During that inquiry, the FIA received another complaint regarding the same WhatsApp groups, which was merged with the Informant's complaint. The Inquiry Officer found that the Petitioner had uploaded, shared and disseminated the offensive content, and on that basis FIR No. 57/2024 was registered.

3. Mr. Muhammad --------------, Advocate, contends that the Petitioner is innocent and that the Informant has falsely implicated him in this case for ulterior motives. He submits that the ………………

4. This & Para 6 are from reliable source: --HC, while dismissing the post-arrest bail application in this case, held that merely being a member, creator, or administrator of a WhatsApp group does not automatically render a person criminally liable for every message or post shared within that group. Criminal liability arises only where there is prima facie reliable material indicating that the accused himself uploaded, forwarded, shared, or disseminated the objectionable content, or knowingly participated in, facilitated, conspired in, or abetted such conduct.

5. The Court held that Section 11 of the Prevention of Electronic Crimes Act, 2016 (PECA) applies to a person who, through an information system or device, creates or disseminates content that promotes interfaith, sectarian, or ethnic hatred. Although the provision does not expressly employ the term "intentionally," the Court clarified that the creation or dissemination of content is, by its very nature, a voluntary and deliberate (volitional) act. Consequently, mere membership in a group or the receipt of a message is insufficient, in itself, to establish criminal liability.

The court further declared that the hearing of the Pakistan Penal Code 109 ………………………..

C KC Views

Owing to the above matters, Whats app Admin and Members has to be careful of any unautentic matters. 

D. Further details & Services

Should you require any clarification or explanations in respect of the above or otherwise, please feel free to email Mr Amsal at amsal@kasbati.co with CC to info.kasbati@professional-excellence.com.