ISLAMABAD – While invoking jurisdiction of the Islamabad High Court – a petitioner sought directives for action against continued dissemination of tweets from the official social media account of former Prime Minister and PTI Chairman, Imran Khan Niazi, who is currently imprisoned at Adiala Jail after conviction.
Barrister Zafarullah Khan has filed the plea on behalf of advocate Ghulam Murtaza Khan, who alleges that the tweets are illegal, unlawful, mischievous, malicious, and criminal, raising critical questions about prison security and the rule of law.
The petitioner has made heads of the National Cyber Crime Investigation Agency (NCCIA) and the Pakistan Telecommunication Authority (PTA), the Superintendent of Central Jail Adiala, Imran Khan himself, and the current PTI Chairman, Gohar Ali Khan as respondents in the matter.
The petitioner lays out three plausible scenarios for the origin of the tweets: either Imran Khan is being unlawfully facilitated within the jail, his visitors are receiving instructions from him and posting the content, or his account is being operated by third parties outside the prison to “mislead the public and spread anti-State illegal propaganda.”
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Citing the Prison Rules 1978, which prohibit prisoners from using mobile phones, internet, and social media, the petitioner contends that the continued posting of tweets from the @ImranKhanPTI handle is a clear violation. The content, it is submitted, is “derogatory, defamatory, and inciteful,” targeting public functionaries, constitutional office-holders, and the armed forces, thereby attempting to “malign State institutions and spread hatred amongst the public.”
The petitioner alleges while describing constitutional and statutory violations allegedly committed through these tweets. He claims the content breaches fundamental constitutional articles, including those pertaining to loyalty to the state (Article 5) and equality before the law (Articles 4 and 25). Furthermore, the petitioner asserts that the tweets constitute statutory offenses under the Pakistan Penal Code (PPC), such as promoting enmity (Section 153-A) and public mischief (Section 505). It also invokes the Prevention of Electronic Crimes Act (PECA), alleging the content falls under offenses like cyber terrorism (Section 10) and hate speech (Section 11).Highlighting statutory duty of the PTA under the Pakistan Telecommunication (Re-organization) Act, 1996, the petitioner urged the court to direct the Authority to block such content, stating that its ongoing dissemination is “prejudicial to the country’s security and integrity.”
The petitioner also urged the court to issue directives to the NCCIA and the PTA to investigate and identify those responsible for operating the social media account while asking the PTA to immediately block and remove the controversial content. He also sought directives for the Superintendent of Adiala Jail to ensure strict adherence to prison regulations besides directing Imran Khan to cease all alleged illegal activities. He also prayed to the court to direct Gohar Ali Khan and any other “aiders and abettors” to stop re-circulating the contentious tweets.
