LAHORE: A judicial magistrate at the district courts on Friday dismissed the post-arrest bail petition of a Canadian national pursuing doctoral research in Pakistan in a cybercrime case.
Magistrate Naeem Wattoo announced the decision while hearing the bail plea of Hamza Ahmad Khan, after arguments from the prosecution and defence.
Khan was booked by the National Cyber Crime Investigation Agency (NCCIA) for targeting state institutions and leadership through “disseminating misinformation and disinformation” under sections 20 (offences against the dignity of a natural person), 24 (cyber stalking) and 26A (spoofing) of the Prevention of Electronic Crimes Act.
During the proceedings, the investigating officer (IO) told the court that the suspect had been uploading “derogatory posts against the state functionaries and state institutions with the intention to harm the reputation of the state functionaries”.
On behalf of the petitioner, Advocate Asad Jamal argued that the suspect had been falsely implicated in the case.
He said the case was based on digital evidence, which required strict proof. He said that keeping the petitioner behind bars was unwarranted.
In the order, the judicial magistrate said, “Allegations of such derogatory and malicious campaigns directed against the heads of institutions of state and constitutional functionaries cannot be treated as trivial or casual matters.”
The order said that in the digital era, the dissemination of inflammatory content through social media platforms produced instantaneous and far-reaching consequences.
“Statements aimed at undermining the dignity and authority of state leadership have the potential to erode public confidence in constitutional institutions, fuel polarisation, create unrest and instability within the country,” it added.
The order maintained that these allegations required serious judicial consideration and could not be brushed aside lightly. While dismissing the bail plea, the magistrate said, “I am not inclined to extend the concession of bail to the accused.”
Hamza, who arrived in Pakistan on Feb 13 to pursue his doctoral thesis, went missing from Lahore on Feb 19. The police also registered a first information report into his disappearance. However, on Feb 23, it emerged that he had been taken into custody by the NCCIA for posting anti-state content on social media platforms.
