Police in Pakistan's Mohmand district have arrested and sent two people to jail for sharing pictures of the Indian flag and the words 'Jai Hind' on social media on India's Independence Day.
According to the FIR obtained by BBC Urdu, the accused have been arrested under sections 123A and 153A of the Pakistan Penal Code. These sections relate to incitement and opposing the sovereignty of the state.
Station House Officer (SHO) of Galnai area of Mohmand district, Murad Khan, told BBC Urdu that two persons from Koz Gandao and Katarakale areas had posted a picture of the Indian flag and the slogan 'Jai Hind' on their social media pages on August 15, India's Independence Day, following which the police took action and arrested them.
SHO Murad Khan said that after his arrest on August 15, he was produced in the court, where the court sent him to jail in judicial custody.
According to the FIR, the accused arrested from Koz Gandao is accused of "writing 'Jai Hind' from his Facebook account, sharing Indian flag and other pictures and celebrating India's Independence Day with them on the occasion of Independence Day".
The FIR states that the accused's "act amounts to treason against the country, Pakistan and inciting hatred among the people."
The FIR lodged against the second accused also states that he shared the Indian flag and wrote 'Jai Hind' slogan on his social media account.
However, legal experts say the provisions imposed against the accused do not apply to such cases.
Senior lawyer Shabbir Hussain Gagiani told the BBC that the police have registered an FIR under sections 123A and 153A of the Pakistan Penal Code.
He said that according to Section 123A, "If any person condemns the establishment of the State of Pakistan or speaks against the sovereignty of the State of Pakistan or has any malicious motive or intention against the State of Pakistan, this section applies."
The legal expert further said that "Section 153A applies when a person makes a statement or gives speech which attempts to promote hatred between religious sects, political groups or other organizations."
Advocate Shabbir Hussain Gagiani believes that 'both these FIRs have been wrongly filed, have no basis and can be quashed.'
Speaking to BBC, lawyer Musawar Advocate of one of the accused said that the court of Additional District Judge II Ishaq Ahmed has rejected his client's bail plea, while another person arrested in a similar case has also been remanded to judicial custody.
During the hearing of the case, the artist's lawyer argued that the issue of sharing on social media does not fall under the jurisdiction of the police, rather such cases are registered under the PECA Act, the preliminary investigation of which is first conducted by the National Cyber Crime Investigation Agency.
However, he argued before the court that in these cases the police had taken direct action and the provisions contained therein were not applicable to such cases.
After hearing the arguments of both the parties, the court delivered its verdict saying that the provisions listed in this case are non-bailable, hence the bail plea is dismissed.
The petitioner's lawyer said that he will now approach the High Court for bail.
The lawyer said his client's intention was not to spread hatred through social media, but only to 'congratulate India on its Independence Day.'
A friend of the accused told BBC Urdu that his friend 'has recently completed his graduation in political science.'
"He is a patriotic citizen. Politicians in our country congratulate other countries on their independence, has any FIR ever been registered against him? Then why against a citizen?"
This is not the first time such an incident has happened in Pakistan. In February last year, four students in Khyber Pakhtunkhwa were also expelled from the university after singing the Indian national anthem at a youth festival.
