IHC turns down plea seeking quashment of cybercrime case against KP govt official

ISLAMABAD: The Islamabad High Court (IHC) has turned down a petition seeking the quashment of a cybercrime case registered against a Khyber Pakhtunkhwa (KP) government official, who is accused of orchestrating a malicious online campaign against the family of Judge Humayun Dilawar and the judiciary.

A single bench of Justice Raja Inaam Ameen Minhas, in a detailed judgment announced on Friday, ruled that the First Information Report (FIR) could not be quashed at this stage as the investigation agency had already submitted its final report, the challan, to the trial court.

The judge underscored a key legal principle, stating that a partial quashing of an FIR — where one accused is exonerated while others remain nominated — is a “legal impossibility.”

The case originates from an FIR registered on September 11, 2024, at the Federal Investigation Agency’s (FIA) cybercrime reporting centre in Islamabad. The petitioning official, along with seven co-accused, was charged under various sections of the Prevention of Electronic Crimes Act (PECA) 2016 and the Pakistan Penal Code.

According to the FIR, the accused allegedly launched a coordinated campaign on social media platforms with the intent to “harass, blackmail, and defame” the complainant — a family member of Judge Dilawar. The campaign allegedly sought to malign the judiciary by branding Judge Dilawar as corrupt without presenting any evidence.

The petitioner’s counsel, Ali Azim Afridi, argued that the allegations were baseless and politically motivated. He contended that the FIA’s case was a retaliatory measure for separate legal proceedings the petitioner had initiated against the complainant’s family members. He further submitted that sharing information already in the public domain, such as details of an FIR registered in Bannu, could not constitute a crime under PECA.

These arguments were strongly contested by the state, represented by the assistant attorney general, and the counsel for the complainant. They maintained that the FIA’s inquiry had gathered substantial material supporting the allegations. Both parties argued that since the matter was now before a trial court, it should proceed to a full trial rather than be short-circuited at a constitutional stage.

After reviewing the record, Justice Minhas concluded that once a trial court has taken cognizance of a case, the high court’s power to quash the FIR is extinguished. “The instant writ petition bears no merits and stands dismissed,” the judgment stated.

The cybercrime case is a offshoot of a larger legal and political feud. The controversy stems from the actions of Judge Humayun Dilawar, who convicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the Toshakhana reference on August 5, 2023, sentencing him to three years in prison.

Following that verdict, the KP government, then led by the PTI, registered an FIR in Bannu against Judge Dilawar, his brother, and another relative, accusing them of illegal land transfers related to a housing scheme known as the Central Provincial Elite Community Residencia.

The Dilawar family has denied any wrongdoing, labelling the Bannu FIR a vindictive move. They have claimed the land in question was originally acquired by their father in 1969 and was legally developed into a housing scheme during the PTI’s tenure in the province.

The dispute escalated in September 2024 when the KP Anti-Corruption Establ ishment obtained arrest warrants against the judge and his family, which were subsequently publicised on social media. In response, the FIA’s cybercrime wing registered the present case, accusing KP officials, a retired brigadier, and a social media vlogger of running a coordinated campaign to discredit Judge Dilawar and the judiciary.

Copyright Business Recorder, 2025