Peshawar High Court (PHC) has granted bail to a man accused of celebrating Indian Independence Day on social media and sharing the Indian flag and the words “Jai Hind” on Facebook.
On Tuesday, Justice Kamran Hayat Miankhel allowed Zeeshan Khan’s petition and directed him to furnish two surety bonds of Rs300,000 each to the satisfaction of the relevant judicial magistrate.
Khan, a resident of Mohmand tribal district, was arrested in connection with a case registered at Ghalanai police station on Aug 15, 2026.
Police charged him under Section 123-A of the Pakistan Penal Code, which concerns condemnation of the creation of the state and advocacy of the abolition of its sovereignty, and Section 153-A, which deals with promoting enmity between different groups.
According to the First Information Report (FIR), Station House Officer (SHO) Murad Khan said he was on routine patrol when he learned through social media that a person identified as Zeeshan had posted “Jai Hind” along with the Indian flag and was celebrating Indian Independence Day.
The complainant alleged that the act amounted to treason against Pakistan and was intended to create hatred among people.
Appearing for Khan, advocates Mussawir Shah Mohmand and Shah Mohammad Khan argued that their client was a law-abiding citizen who had been falsely implicated.
They maintained that the Facebook account cited by police was not operated by Khan and that the alleged material was no longer available on any social media platform.
The lawyers also argued that police had failed to name any independent witness linking Khan to the alleged offence.
They further contended that the case concerned activity on a social media platform and therefore fell under the Prevention of Electronic Crimes Act (PECA), under which the Federal Investigation Agency (FIA) has jurisdiction.
They argued that even if Khan had greeted Indians on their Independence Day, such a greeting did not constitute a criminal offence.
The High Court’s order came after the additional sessions judge in Mohmand rejected Khan’s bail application on Aug 18, finding that the preliminary record linked him to the alleged creation and dissemination of anti-state material through digital platforms.
