2020 PLP 830 (SCMR)
Dr. ATIF MUHAMMAD KHAN — Petitioner Versus The STATE through D.A.G. and another — Respondents
| Citation | 2020 PLP 830 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial and Qazi Muhammad Amin Ahmed, JJ |
| Parties | Dr. ATIF MUHAMMAD KHAN — Petitioner Versus The STATE through D.A.G. and another — Respondents |
| Primary Law | Prevention of Electronic Crimes Act (XL of 2016) |
Q1: What are the key laws and sections cited in 2020 PLP 830 (SCMR)?
This judgment primarily cites: Prevention of Electronic Crimes Act (XL of 2016) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 830 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 830 (SCMR) (Dr. ATIF MUHAMMAD KHAN — Petitioner Versus The STATE through D.A.G. and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sajeel Sheryar Swati, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.
- M. Junaid Akhtar, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(Against order dated 18.02.2020 passed by the Islamabad High Court, Islamabad in Crl. Misc. No. 60-B of 2020)
S. 21
Disseminating explicit pictures of ex-wife on social media
Mobile phone handset along with four SIMs (Subscriber Identity Modules) as well as a memory card with different IMEI numbers was recovered from accused and dispatched to Federal Investigation Agency (FIA) for digital forensic examination
Report prepared by FIA indicted that the said recovered paraphernalia did not generated the explicit material, on the basis whereof, the investigating officer, exonerated the accused and accordingly placed him in column 2 of the report under S. 173, Cr.P.C.
Bad blood between the former spouses though a possible motive to target the complainant (ex-wife), nonetheless, required independent evidence to prima facie frame the accused with the charge
Forensic evidence which was the only tool to sustain the charge was faltering as the findings recorded by the FIA were in the negative
Culpability of accused, after prosecution's failure on forensic side, could best be settled after recording of evidence and, thus, his incarceration till conclusion thereof, would be inexpedient
Accused was granted bail in circumstances. Aamir-ur-Rehman, Additional Attorney General for Pakistan along with Qaiser Masood, Additional Director FIA, M. Salman Deputy Director FIA, Maqsood Ahmed, Forensic Officer and Humaira Aslam SI, FIA for the State. M. Junaid Akhtar, Advocate Supreme Court for the Complainant.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Behind bars since 01.01.2020, Dr. Atif Mehmood Khan, petitioner, seeks admission to bail; member of academia, he is blamed by his former wife Ms. Fozia Anwar for disseminating her explicit photographs through a WhatsApp profile, transmitted from a cell phone number issued by a United Kingdome Service Provider; the pictures accompanied threatening/ abusive messages, circulated among the family members with an obvious motive to humiliate and embarrass the lady. During investigation, petitioner led to the recovery of a number of articles, secured vide inventory dated 02.01.2020 that included a mobile phone handset along with four SIMs (Subscriber Identity Modules) as well as a memory card with different IMEI numbers, dispatched to National Response Center for Cyber Crimes (NR3C), Federal Investigation Agency Islamabad for digital forensic examination. As per report dated 31.02.2020, paraphernalia recovered during the investigation did not indicate to have generated the impugned material, on the basis whereof, the Investigating Officer, vide case diary No.10 dated 12.2.2020, exonerated the petitioner and accordingly placed him in Column 2 of the report under Section 173 of the Code of Criminal Procedure 1898.
2. Heard. Record perused.
3. Bad blood between the erstwhile spouses though a possible motive to target the complainant, nonetheless, requires independent evidence to prima facie frame the petitioner with the charge; forensic evidence, the only tool to sustain the charge, for the present, is faltering as the findings recorded by the Federal Investigation Agency are in the negative. Ch. Aamir-ur-Rehman, learned Additional Attorney General for Pakistan has very fairly conceded the point. Argument by the learned counsel for the complainant that the petitioner alone had an axe to grind, a circumstance by itself sufficient to drive home the charge, is beside the mark. Petitioner's culpability, after prosecution's failure on forensic side, can best be settled after recording of evidence and, thus, his incarceration till conclusion thereof, would be inexpedient. A case for grant of bail stands made out. Criminal Petition is converted into appeal and allowed; the petitioner shall be released on bail upon furnishing a bond in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the learned trial Court/Duty Magistrate. MWA/A-15/SC Bail granted.