PHC grants bail to man held for ‘celebrating’ Indian independence day

Peshawar High Court granted bail to Zeeshan Khan, a resident of Mohmand tribal district, on Tuesday. The court permitted his release on condition that he provide two surety bonds, each worth Rs300,000, to the satisfaction of the relevant judicial magistrate. Khan was arrested for allegedly celebrating Indian independence day and sharing its flag on social media.

The charges against Khan were filed in an FIR registered at Ghalanai police station on August 15, 2026. The complainant was SHO Murad Khan, who claimed to have witnessed the incident while on routine patrol. According to the complainant, Khan had posted the words 'Jai Hind' and the Indian flag on his Facebook account, celebrating Indian Independence Day. The complainant argued that the act amounted to treason against Pakistan and aimed to create hatred among people.

Zakir Shah Mohmand and Shah Mohammad Khan represented Khan, asserting that their client was a law-abiding citizen and had been falsely implicated in the case. They claimed that the allegations stemmed from a social media account that was not his, as the content was not available on any social media platform. The defense argued that no independent witnesses had been cited to link Khan to the offense, and that the police had acted beyond their jurisdiction as the case involved a social media account, which fell under the Prevention of Electronic Crimes Act (Peca).

The defense suggested that even if it were admitted that Khan had greeted Indians on the occasion of their Independence Day, it was not a crime under the law.

An additional sessions judge in Mohmand district had previously rejected Khan's bail plea on August 18, stating that a preliminary review of the available record revealed that Khan was specifically named in the FIR with a distinct role attributed to him in creating and disseminating anti-state material on digital platforms.