The Lahore High Court (LHC) has delivered an important ruling on criminal liability in WhatsApp groups while dismissing the post-arrest bail plea of Syed Abdul Mannan in a case involving the alleged circulation of offensive content. In a detailed 13-page judgment, Justice Tariq Saleem Sheikh clarified that simply being a member or even an administrator of a WhatsApp group does not automatically make a person criminally responsible. The court ruled that only the individual who uploads, forwards, or shares unlawful or blasphemous material can be held accountable for those actions.
Court's Clarification on Criminal Liability
The judge observed that in today's digital communication environment, criminal liability must be determined by examining the specific role of each individual. Mere association with a WhatsApp group, the court said, is not enough to establish guilt. The judgment further stated that remaining silent in a group or serving as its administrator does not, by itself, amount to criminal responsibility. The court stressed that liability arises only when a person actively shares or uploads objectionable content.
Technical Evidence and Bail Dismissal
Referring to the technical analysis report submitted by the Federal Investigation Agency (FIA), the court observed that the evidence available at this stage was sufficient to refuse bail. The court subsequently dismissed Syed Abdul Mannan's post-arrest bail application and directed the trial court to complete the proceedings as early as possible to ensure timely justice.
