| Case ID |
4395d123-5b46-4358-8ca7-2ca2ac44a207 |
| Body |
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| Case Number |
Criminal Petition No. 978 of 2021 |
| Decision Date |
Sep 17, 2021 |
| Hearing Date |
Sep 17, 2021 |
| Decision |
The Supreme Court of Pakistan granted bail to the petitioner, FAKHAR ZAMAN, who had been in custody for over three months. The court noted that the photographs collected during the investigation included some that were close to nudity but not recognizable and other photographs that were fully clothed without any indication of immorality. The court emphasized that the issue could be more appropriately resolved by the Trial Court after the recording of evidence. Given the lengthy detention and the nature of the allegations, the court converted the petition for leave to appeal into an appeal, allowing the petitioner to be admitted to bail subject to the furnishing of bail bonds. |
| Summary |
In the case of FAKHAR ZAMAN Vs. The STATE, the Supreme Court of Pakistan addressed issues surrounding the Prevention of Electronic Crimes Act, 2016, particularly in relation to allegations of sexual harassment through the unauthorized posting of photographs on social media. The petitioner, FAKHAR ZAMAN, was accused of using a cellular device to share images of the complainant, leading to claims of harassment. After examining the evidence, the court found that while some photographs were suggestive, they were not recognizable and others posed no moral issue. The court underscored the importance of resolving such sensitive matters through proper evidence in the Trial Court. The decision to grant bail was influenced by the petitioner's prolonged detention and the lack of a case that warranted such a severe penalty. This case highlights the complexities of electronic crimes and the legal interpretations necessary to protect individual rights while addressing societal concerns regarding harassment and privacy. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mazhar Alam Khan Miankhel,
Sayyed Mazahar Ali Akbar Naqvi
|
| Lawyers |
Muhammad Nawaz Khan,
Syed Rifaqat Hussain Shah,
Syed Nayyab Hussain Gardezi,
Syeda Pakeeza,
Muhammad Junaid Akhtar
|
| Petitioners |
FAKHAR ZAMAN
|
| Respondents |
The STATE through D.A.G. and another
|
| Citations |
2021 SLD 2945,
2021 SCMR 1815
|
| Other Citations |
Not available
|
| Laws Involved |
Prevention of Electronic Crimes Act, 2016,
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
20,
21,
24,
109,
185(3)
|