PESHAWAR – In a landmark decision hailed as a major victory for press freedom, the Peshawar High Court has ruled that the police lack legal authority to register cases against journalists under the Prevention of Electronic Crimes Act (PECA) or related sections of the Pakistan Penal Code (PPC). The court’s decision led to the quashing of an FIR lodged against Mardan-based journalist Muhammad Zahid.
The judgment was delivered by a division bench comprising Justice Sahibzada Asadullah Khan and Justice Farah Jamshed. The bench declared that the FIR registered against Zahid under PECA and various PPC sections was beyond the jurisdiction of the police and thus null and void.
The court made it clear that police officials cannot initiate proceedings under PECA or apply certain PPC sections, including Section 20 (offences against the dignity of a person), Section 500 (defamation), and Section 506 (criminal intimidation), without proper authorization from the designated investigation agency under the cybercrime law.
Prominent legal expert Advocate Najmuddin Khan represented Muhammad Zahid in the case.He successfully argued that the registration of the FIR by police was illegal and in violation of the procedural requirements laid down in PECA.
The judgment has received widespread praise from journalist bodies, press clubs, and media watchdogs across the country.Media professionals and press freedom advocates have termed the ruling a “landmark decision” that reaffirms the constitutional rights of journalists and limits the misuse of cybercrime laws to stifle media freedom.
This ruling sets a much needed precedent and draws a clear line between lawful regulation and abuse of power,” said a spokesperson for a national journalists’ union.It sends a strong message that cybercrime laws cannot be weaponized against independent journalism.
Legal experts believe the decision will have far-reaching implications for similar cases across Pakistan and could compel law enforcement authorities to follow due legal process before targeting members of the press under PECA.
The case of Muhammad Zahid had drawn national attention as journalist bodies raised concerns over the growing trend of using cybercrime laws to intimidate and silence journalists critical of state institutions. With this verdict, the judiciary has delivered a significant boost to press freedom in Pakistan.
