LAHORE (Muhammad Ashfaq) – The Lahore High Court has issued an important ruling regarding WhatsApp groups, dismissing the post-arrest bail application of accused Syed Abdul Mannan in a case related to allegedly circulating offensive content.
In a detailed 13-page written judgment, Justice Tariq Saleem Sheikh laid down a significant legal principle while hearing the bail plea. The court observed that merely being a member or even an admin of a WhatsApp group is not sufficient to impose criminal liability. It further held that only the person who uploads, forwards, or shares unlawful or blasphemous content can be held responsible for their own actions.
The judge noted that in modern digital communication systems, determining criminal liability requires an individual assessment of each person’s role, and mere association with a group cannot establish guilt.
In the judgment, it was also stated that simply remaining silent in a group or being present as an admin does not automatically create criminal responsibility. The court emphasized that liability arises only when a person actively participates in sharing or uploading objectionable material.
The court, while referring to the technical analysis report submitted by the Federal Investigation Agency, observed that the evidence available at this stage was sufficient to deny bail.
Subsequently, the court dismissed the post-arrest bail petition of Syed Abdul Mannan and directed the trial court to conclude proceedings at the earliest to ensure timely delivery of justice.