A foreign qualified young lawyer in the town Shahzain Khan Mandokhail has invoked jurisdiction of Islamabad High Court seeking directives against uploading pictures of accused persons on social media saying the practice is violation of fundamental rights and principles of fair trial.
Making Federal government through Ministry of Interior, Inspector General of Islamabad Police and Director General Federal Investigation Agency (FIA) as respondents, filed the petition in person in the matter. After hearing arguments of the petitioner, Chief Justice of the Islamabad High Cout Justice Aamer Farooq issued notices to parties and sought para-wise reply within a fortnight. The court also allowed the petitioner to make Pakistan Electronic Media Regulatory Authority (PEMRA) and Pakistan Telecommunication Authority (PTA) as respondents in the case.
The court said in its order, “Advocate/ petitioner, in person. Through the instant petition, the petitioner, inter-alia, seeks declaration that uploading of the pictures of the accused persons on social media by the respondents is in violation of the Constitutional provisions and the law”.
Chief Justice Aamer Farooq added in the order saying, “Petitioner, in person, inter-alia, contended that it has become a practice by the respondents that once any person is arrested his picture is uploaded on the social media, which is in violation of the Articles 9, 13 and 14 of the Constitution of the Islamic Republic of Pakistan, 1973 as well as provisions of PECA and other laws. In this behalf, it was submitted that by the acts of the respondents, the right to a fair trial of the accused persons is done away.”
Talking to TLTP, Advocate Shahzain Khan Mandokhail said uploading of pictures of arrested individuals on social media handles by the respondents discloses facial identity of an accused which in turn nullifies purpose and sanctity of an identification parade – a very important procedure in ascertaining the identity of an accused.
He has contended before the bench that such an act of the respondents in akin to declaring the arrested individuals as convicts in the eyes of the general public as the general public is considered to be lay persons unaware of the procedure of law and may accept and declare an arrested person to be a convict prior to the due course of law where the said accused may even be declared innocent.
The petitioner has urged the court to declare uploading of pictures of accused persons on social media by the respondents ultra-vires to Constitution and restrain them form uploading pictures and any other sensitive information regarding arrested individuals on their social media in the future.
