ISMAIL IJAZ vs State Ss — 2023 PCrLJ 114 ISLAMABAD

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ISMAIL IJAZ VS State Ss. 9, 10 & 11---Criminal Procedure Code (V of 1898), S. 497---Glorification of an offence---Cyber terrorism---Hate speech---Bail---Scope---Sections 9, 10 & 11 of Prevention of Electronic Crimes Act, 2016 cannot be regarded as falling within the prohibitory clause of S. 497, Cr.P.C. Citation Name: 2023 PCrLJ 114 ISLAMABADBookmark this Case ISMAIL IJAZ VS State S. 497--- Constitution of Pakistan, Art. 9---Bail---Security of person---Sentence of fine---Scope---Where discretion is vested in the Trial Court for purposes of sentencing and the statute providing fine as an alternative to imprisonment as a punishment for the offence in question, any time that such accused spends behind bars would be in breach of his right to liberty guaranteed under Art. 9 of the Constitution---Accused is hauled up in prison pending trial, at which stage the presumption of innocence attaches to him, even if he is subsequently found guilty and punished by the Trial Court with fine, the State and criminal justice system would have no means to recompense for the loss of liberty inflicted upon him. Citation Name: 2023 PCrLJ 114 ISLAMABADBookmark this Case ISMAIL IJAZ VS State S. 497---Prevention of Electronic Crimes act (XL of 2016), Ss. 9, 10 & 11--- Glorification of an offence---Cyber terrorism---Hate speech---Bail, grant of---Re-tweeting the message---Scope---accused sought post-arrest bail in an FIR lodged under Ss. 9, 10 & 11 of Prevention of Electronic Crimes act, 2016---Sections 9, 10 & 11 of Prevention of Electronic Crimes act, 2016, prescribed fine as an alternate punishment---Trial Court was to determine, in the first instance, whether or not the accused was guilty of the offence he was charged with---accused was found guilty after being tried, it was then for the Trial Court to determine at the sentencing stage whether in view of the facts and circumstances of the case, the accused was liable to be sent to jail or punished through imposition of fine---State had failed to point out the existence of any material which reflected that the accused was involved in glorification of proscribed organization or that he was involved in advancing the objectives of the organization---Offending tweets which formed the basis of the FIR were actually re-tweets by the accused, it could not be concluded without further inquiry that the accused possessed the necessary intent (i.e. mens rea) to glorify a proscribed organization or advance the objectives of a proscribed organization--- accused was admitted to bail, in circumstances. Citation Name: 2023 PCrLJ 114 ISLAMABADBookmark this Case ISMAIL IJAZ VS State Ss. 9, 10 & 11---Criminal Procedure Code (V of 1898), S. 497---Glorification of an offence---Cyber terrorism---Hate speech---Bail---Scope---Legislature intended that the offences defined under Ss. 9, 10 & 11 of Prevention of Electronic Crimes Act, 2016, are of such heinous nature that citizens accused of committing them are to be deprived of their liberty pending trial, it would not have provided fine as an alternative punishment to jail term, given that where fine is provided as an alternative punishment to imprisonment, courts consider the lesser sentence for purposes of grant of bail and determination of whether or not the offence falls within the prohibitory clause. Citation Name: 2023 PCrLJ 114 ISLAMABADBookmark this Case ISMAIL IJAZ VS State arts. 9, 10-a & 14---Criminal Procedure Code (V of 1898), S. 497---Security of person---Right to fair trial---Inviolability of dignity of man---Bail---Scope---accused is to be deemed innocent until proven guilty---Right to liberty and dignity is also protected under arts. 9 & 14 of the Constitution as is the right to fair trial under art. 10-a---In the event that after a fair trial the accused is found to be innocent, there is no mechanism to offer restitution for his loss of liberty pending trial. Citation Name: 2023 PCrLJ 114 ISLAMABADBookmark this Case ISMAIL IJAZ VS State S. 497---Bail---Scope---Offences in relation to which fine has been prescribed as an alternative punishment, the lesser punishment is to be considered for grant of bail.

ISMAIL IJAZ vs State Ss — 2023 PCrLJ 114 ISLAMABAD

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