IHC rejects plea to quash cybercrime case over campaign against judge

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ISLAMABAD: The Islamabad High Court (IHC) has dismissed a petition seeking the quashing of a cybercrime case registered against a petitioner accused of running a malicious online campaign against Judge Humayun Dilawar’s family and the judiciary.

Justice Raja Inaam Ameen Minhas, in a detailed judgement, held that the FIR could not be quashed at this stage since the challan had already been submitted to the trial court.

The judge observed that partial quashing of an FIR to the extent of one accused, while others remained nominated, was a legal impossibility.

The petitioner, an official of the KP government, had challenged the FIR dated September 11, 2024, registered under various sections of the Prevention of Electronic Crimes Act (Peca) 2016 and the Pakistan Penal Code at the FIA cybercrime reporting centre, Islamabad.

According to the FIR, the petitioner, along with seven co-accused, allegedly launched a campaign on social media aimed at harassing, blackmailing and defaming the complainant and his family.

It alleged that the campaign attempted to malign the judiciary by branding the complainant’s uncle, Judge Dilawar, as corrupt without any evidence.

The petitioner’s counsel Ali Azim Afridi argued that the allegations were baseless and politically motivated.

He contended that the case was registered in retaliation for legal proceedings initiated by the petitioner against the family members of the complainant.

He submitted that sharing publicly available information, including details of FIR registered at the Anti-Corruption Police Station Bannu, could not justify criminal proceedings under Peca.

However, the assistant attorney general and counsel for the complainant opposed the petition, maintaining that the FIA inquiry had already collected material substantiating the allegations.

They argued that the matter was now before the trial court and should proceed to trial instead of being quashed at the constitutional stage.

Justice Minhas, after reviewing the record, noted that once cognizance of the case had been taken by the trial court, the FIR could not be quashed by the high court.

“The instant writ petition bears no merits and stands dismissed,” the judgement said.

The cybercrime case stems from a larger controversy involving Judge Dilawar, who convicted PTI founder Imran Khan in the Toshakhana reference on August 5, 2023, sentencing him to three years in prison on a complaint filed by the Election Commission of Pakistan.

Following the verdict, the Khyber Pakhtunkhwa government registered an FIR in Bannu against Judge Dilawar, his brother and another relative, accusing them of illegal land transfers related to the Central Provincial Elite Community Residencia.

The Dilawar family denied wrongdoing, calling the FIR a retaliatory move.

The judge’s family claimed the land, originally acquired by their father in 1969, was legally developed into a housing scheme under the PTI government.

In September 2024, the KP Anti-Corruption Establishment obtained arrest warrants against the judge and his family, later posting them on social media.

The FIA cybercrime wing then registered the case against KP officials, retired Brig Mussadiq Abbasi and a vlogger, accusing them of orchestrating an online campaign to discredit Judge Dilawar.

Published in Dawn, October 3rd, 2025

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