Samiullah vs State Ss — 2025 PCrLJ 526 KARACHI-HIGH-COURT-SINDH

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Samiullah VS State Ss. 497 & 156---prevention of electronic Crimes Act ( XL of 2016 ), Ss. 9, 10 & 11---Penal Code (XLV of 1860), Ss. 295-A, 295-B, 295-C, 298-A & 109---Blasphemous contents on social media forums---Bail, grant of---Investigation not conducted by prescribed officer---Effect---Complainant wrote a letter to the F.I.A. stating that he became aware that a Facebook page promotes blasphemous content through a WhatsApp group ; he first joined the Facebook page with a pseudo-name and then joined the WhatsApp group---Section 156-A, of the Criminal Procedure Code, 1898, (Cr.P.C) requires that no police officer below the rank of a Superintendent of Police shall investigate the offence against any person alleged to have been committed by him under S.295-C of the Penal Code, 1860---In the present case, the investigation was done by an inspector, although it seems that a deputy director may have been involved in the investigation later---Entire inquiry and investigation was done by an inspector---A deputy director was asked to investigate after realizing that the law had been breached---The "investigation" by the deputy director was restricted to re-recording what the F.I.A. personnel had told the inspector earlier---There was a reason why the Cr.P.C stipulated that for offences under S.295-C, P.P.C., a senior officer must conduct the investigation---Legislature realized the importance of the offence and its potential to arouse emotions---A senior officer is expected to look at the case more wholly, professionally and with greater wisdom---In the present case, the deputy director rubber-stamped everything the inspector had done---The entire investigation was conducted stereo-typically and mechanically without an element of professionalism---The stipulation in law might have been followed in word but certainly not in spirit---The F.I.A. took an extremely casual approach without realizing the issue's sensitivity and gravity---Applicant was admitted to post-arrest bail, in circumstances.

Samiullah vs State Ss — 2025 PCrLJ 526 KARACHI-HIGH-COURT-SINDH

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