Islamabad:
The Islamabad High Court (IHC) has dismissed a petition seeking to quash a cybercrime case registered against an individual accused of orchestrating a malicious online campaign targeting the family of Judge Humayun Dilawar and the broader judiciary.
Justice Raja Inaam Ameen Minhas, in a detailed judgement, held that the First Information Report (FIR) could not be quashed at this stage since the challan (charge sheet) had already been submitted to the trial court. The judge stressed that the partial quashing of an FIR—to the extent of one accused while others remain nominated—was a “legal impossibility.”
The petitioner, an official of the Khyber Pakhtunkhwa (KP) government, had challenged the FIR filed on September 11, 2024, under the Prevention of Electronic Crimes Act (PECA) 2016 and the Pakistan Penal Code.
The FIR alleged that the petitioner and seven co-accused had launched a social media campaign designed to harass, blackmail, and defame the complainant and his family. Crucially, it claimed the campaign attempted to malign the judiciary by branding Judge Dilawar as corrupt without any evidence.
Counsel for the petitioner argued that the case was politically motivated and registered in retaliation for legal proceedings initiated by the petitioner against the complainant’s family members. He contended that merely sharing publicly available information, such as an FIR registered in Bannu, could not justify criminal proceedings under PECA.
However, the assistant attorney general and the complainant’s counsel countered that the FIA inquiry had already collected substantial material to substantiate the allegations. They maintained that the matter was now within the purview of the trial court and should proceed to trial rather than being quashed at the constitutional stage.
Justice Minhas, after reviewing the records, concluded that once cognizance of the case had been taken by the trial court, the High Court could not quash the FIR. “The instant writ petition bears no merits and stands dismissed,” the judgement concluded.
The cybercrime case is part of a larger, highly charged controversy stemming from Judge Dilawar’s decision on August 5, 2023, to convict PTI founder Imran Khan in the Toshakhana reference. Following that verdict, the KP government filed a retaliatory FIR in Bannu against the judge, his brother, and another relative, accusing them of illegal land transfers. The judge’s family has consistently denied any wrongdoing, framing the KP government’s actions as a targeted campaign to discredit the judge.
