Abdul Waqeel & others v. The State & others

by

Faisal Irfan

CyJurII Scholar 

on 5 February 2026

Citation Number: PLD 2025 Peshawar 206.

The judgment in Abdul Waqeel & others v. The State & others is a significant contribution to the evolving jurisprudence of cyber law and specialized criminal investigation in Pakistan. The Peshawar High Court clarified the boundaries of jurisdiction between ordinary criminal law enforcement agencies and specialized cyber and financial crime authorities, particularly the Federal Investigation Agency (FIA).

At the core of the dispute was whether an Ex-Officio Justice of the Peace, exercising powers under Section 22-A(6), Cr.P.C., could direct the registration of a cross-version by local police in a matter already registered and investigated by the FIA. The Court answered this in the negative, holding that such directions amount to jurisdictional overreach and undermine the statutory framework governing cyber and financial crimes.From a cyber law perspective, the case reinforces the principle of exclusive statutory jurisdiction. Cyber-related offences, including electronic fraud and financial crimes facilitated through digital systems, require specialized expertise, technical investigation methods, and centralized enforcement, which the FIA is statutorily mandated to provide under the FIA Act, 1974 and relevant cybercrime laws. Allowing local police to intervene through cross-version FIRs would fragment investigations and weaken the effectiveness of cybercrime enforcement.

The Court also emphasized the procedural integrity of cyber investigations. Unlike conventional crimes, cyber offences often involve digital evidence, cross-border transactions, and forensic analysis, which cannot be efficiently handled under the general framework of the Cr.P.C. This distinction justifies the separation of investigative domains and supports the prohibition on clubbing FIA cases with police investigations. Furthermore, the judgment aligns with the Supreme Court’s reasoning in Mst. Sughran Bibi v. The State by preventing multiple or parallel FIRs in respect of the same transaction. In cyber law, where duplication of proceedings can lead to evidentiary inconsistencies and forum shopping, this principle safeguards due process and judicial economy.

In conclusion, Abdul Waqeel serves as an authoritative precedent affirming that cyber and technology-driven offences must remain within the exclusive jurisdiction of specialized investigative agencies. The ruling strengthens the legal framework for cybercrime governance in Pakistan by ensuring clarity of jurisdiction, preventing procedural abuse, and promoting effective enforcement of cyber laws.