Islamabad High Court on Monday sent a notice to the state and the Federal Investigation Agency (FIA) during a hearing on a bail petition filed by PTI Senator Azam Khan Swati. in case involving conflicting tweets.
Swati was arrested on 27 November after being booked by the FIA. in Islamabad over “very unpleasant campaign of intimidating tweets […] against government agencies”. It was second the time Swati was warned and arrested by the FIA over his tweets about army officials in less than two months.
Last week, the senator addressed special court in Islamabad for pledge. However, Special Judge Central Azam Khan dismissed the claim. plea Ruling that he “committed the same crime twice”.
Subsequently, Swati filed post-arrest applying for bail through his lawyer Babar Avan in IHC, disputing special court orders.
pleacopy of which available with Dawn.comnamed the staff and Anesur Rehman, technical assistant at the FIA Cybercrime Reporting Centre. in Islamabad as respondents. FIA criminal the complaint was filed through Rehman.
Avan appeared before the IHC when took up Swati’s petition on Monday. During the hearing, IHC Chief Justice Aamer Farooq issued notices to the defendants and adjourned the hearing until January 2 (Monday).
Speaking to media outside IHC, Awan quoted a decision drawn up by IHC Judge Babar Sattar in which he said mere tweets cannot provoke a mutiny. in army.
He also whipped out from the authorities for inability to cook challan against Swati after registration first information report. Swati said the law required authorities to prepare a challan within 17 days of case registration.
“These specialists in leaks sit in prime minister’s house and indulge in propaganda,” Avan said.
He said the country was heading towards default as foreign reserves fell to alarming levels, adding that citizens were taking dollar holdings of commercial banks.
Petition
The petition states that Swati was “falsely implicated due to political influence”. of hostile regime” and cases against he was registered with “bad faith”.
He recalled that Swati was previously taken into custody by the FIA, but nothing “compromising” was found on him, and therefore he was sent to jail on judicial arrest.
The petition indicated the outsenator was later abducted from Pims Hospital – where he was taken for Medical treatment – in airplane of ISIS Police Balochistan. However, during the course of physical arrest, the respected High Court of Balochistan was happy to overrule all FIR [registered against him] in two petitions.
BHC had also forbade the police to initiate new cases against him.
“But he [Swati] was again kidnapped in other FIRs filed against him in Sindh,” the petition says, adding later on Singh High Court (SHC) placed all FIRs against him in C-class.
He claimed that the whole thing against Swati was of “documented accusation” and lack of “useful purpose” of hold him in guardianship.
“Investigation in case has already have been completed and petitioner No more required for purpose of study of.”
plea also pointed out that “the alleged tweets were not posted through petitioner and he had no intention of discrediting any respectable institution,” and that the prosecution had no evidence against him.
Subsequently, he asked Swati should be granted post-arrest bail before closing of trial “in in best interest of justice”.
Arrests over tweets
Swati was first arrested by the FIA on accusations of posting conflicting tweets about the military in October and later was released on pledge.
Senator claimed he has been tortured ever since in taken into custody and asked to be removed of two military officials, one of who did he use foul language against in his tweet on November 26th.
On 27 November, the FIA arrested Swati. for in second time over “very unpleasant campaign of intimidating tweets […] against government agencies”.
arrest appeared after FIR was registered by the FIA on a complaint of the State through Anisur Rehman, Technical Assistant of the Islamabad Cybercrime Reporting Center.
Complaint registered under article 20. of Peck, as well as Article 131 (sedition or attempt to seduce a soldier from his duty),500 (punishment for slander), 501 (slander and press of content considered libelous), section 505 (statement promoting public mischief) and 109 (aiding) of Checkpoint.
After it arrest in November, Pakistan Electronic media and regulator banned Swati’s media coverage on all satellite TV channels.
Separate FIRs were also registered against PTI leader in Balochistan and Sindh as well.
On December 2, Swati was brought to Quetta from Islamabad. in one such a case, registered at the Kuchlak police station, a day after the trial in the capital approved his 14-day judicial arrest.
But on On December 9, the Supreme Court of Balochistan ruled to cancel of all five cases originally reported against him in provinces.
A few hours after the order was issued, the PTI senator was handed over over to the Sindh police, while his lawyer said that two new cases have been reported against Swati in Balochistan. Another case was later reported against Swati in Balochistan.
The cases were filed under sections 504 (intentional insult with intent to provoke a violation of peace), 505 (statements promoting public mischief), 153A (inciting hatred between different groups, etc.), 124A (sedition) and 123A (condemning of in creation of State and advocacy of cancellation of his sovereignty) of Checkpoint.
On December 13, the SHC prevented the police from arresting Swati. in reported cases against it within of SHC Registry in Hyderabad and Karachi and on On December 15, the SHC instructed the provincial authorities to liquidate of all cases against Swati like a C-class.
At the same hearing, the Sindh Provincial Attorney general told the court that Swati had been moved back to Islamabad where he was arrested extended for 15 more days in FIA case.
Recently, the BHC ordered the abolition of of three remaining FIRs registered against senator in provinces.
