An Islamabad anti-terrorism court (ATC) on Saturday granted bail to senior journalist Matiullah Jan in a terrorism and narcotics case, that was widely derided as being “bogus” on “trumped up charges” amid demands for his release.
Jan was booked in the case on Thursday after reportedly being detained in Islamabad on Wednesday night, with his son alleging “unknown individuals” had abducted the journalist.
A day ago, the IHC suspended the anchor’s two-day physical remand that was granted to the police on Thursday, following which the court ordered him to be sent on judicial remand.
Jan was presented before ATC judge Tahir Abbas Sipra today, after the anchor’s legal team filed his bail petition. Advocates Imaan Zainab Mazari-Hazir, Hadi Ali Chattha and Attaullah Kundi appeared as Jan’s counsels in the court.
During the hearing, Judge Sipra ordered Jan to be sent on judicial remand. While prosecutor Raja Naveed opposed the bail petition, the judge approved it on surety bonds worth Rs10,000.
The ATC awaits the submission of the surety bonds, following which it will issue Jan’s release orders.
Amid reports of Jan’s arrest on Thursday, rights bodies and the journalism fraternity had voiced their concerns and demanded his release.
Human rights organisation Amnesty International had said Jan’s “arbitrary detention” on “trumped up charges” was “an affront on the right to freedom of expression and media freedom”.
The Committee to Protect Journalists (CPJ) had expressed grave alarm over “reports of the abduction” of Jan, noting it followed “his coverage of protests by supporters of imprisoned former prime minister Imran Khan”.
The hearing
At the outset of the hearing, Judge Sipra inquired when Jan would be presented before the court, to which the investigation officer replied that he would be brought to court at 12pm.
“Present Matiullah before the court as soon as possible,” the judge ordered.
When Jan was produced in court, Judge Sipra sought a copy of the IHC order and directed that it be added to the case record.
“I am sending him to jail on judicial remand,” the judge ordered, as per yesterday’s IHC directives.
Jan’s lawyer Kundi requested the court to take up the bail plea, noting it was filed earlier today. “Your bail petition comprised seven pages,” the judge as he issued notices to respondents.
“Issuing notices means that if the prosecution wishes to present arguments, it may do so,” Judge Sipra said. “I had also said the other day that appearing on TV screens has damaged journalists,” the judge remarked.
“They are making a video of the prosecutor viral,” he noted, asking where a certain prominent journalist today as he noted his absence. “I was expecting he would apologise today,” the judge said.
Referring to another journalist who was briefly detained with Jan, Judge Sipra asked: “Saqib Bashir sahib, you have been coming here for a long time. Have you ever done so?”
The judge then asked lawyer Kundi if had anything to say, to which he replied that it was now the witnesses’ responsibility to submit an affidavit. The judge, referring to Bashir, observed: “The person at the scene was the one who submitted affidavit. He has suffered it.”
When asked about his arguments, prosecutor Naveed opposed granting bail to the journalist.
Subsequently, Judge Sipra accepted the bail petition on surety bonds worth Rs10,000.
The FIR
On Thursday, Jan’s son Abdul Razzaq alleged his father was abducted from the parking lot of Pakistan Institute of Medical Sciences (Pims) the night before by unknown individuals.
However, it later emerged that the anchor had been booked in a terrorism case, which also included charges of possessing narcotics. The FIR, a copy of which is available with Dawn.com, was filed by the Margalla police on the complaint of Superintendent of Police Asif Ali.
The FIR claimed that Jan was found possessing 246 grams of narcotic methamphetamine (crystal meth) when his vehicle was stopped at E-9 in the federal capital.
The case was registered at 3:20am on Thursday, nearly an hour after the alleged incident took place.
The provision invoked from the Control of Narcotic Substances Act (CNSA) 1997 is Section 9(2)4, which specifies the punishment for possessing or trafficking “more than 100g and up to 500g” of psychotropic substance.
The FIR also invoked Section 7 of the Anti-Terrorism Act (ATA) 1997 as well as Sections 186 (obstructing public servant), 279 (Rash driving or riding on a public way), 353 (assault or criminal force to deter public servant from discharge of his duty), 382 (theft after preparation made for causing death, hurt or restraint), 411 (dishonestly receiving stolen property), 427 (mischief causing damage to the amount of Rs50) and 506ii (threat to cause death or grievous hurt) of the Pakistan Penal Code.
According to the FIR, a white Toyota Yaris car was rapidly moving towards Islamabad’s F-10, when it was signalled to stop at a checkpost at E-9. However, the driver, who the FIR said later identified himself as Jan, “rammed the vehicle with the intention to hit the workers, injuring Constable Mudassir.
The FIR added that when the vehicle managed to stop due to a barrier, the driver stepped out of the car and “assaulted” the constable, then snatched his SMG rifle and pointed it back at the cop. When the police recovered the rifle, the complaint said, the driver was inquired about his identity, which he revealed as Matiullah Jan.
Upon a cursory look, Jan was found under the influence of a narcotic, the FIR alleged. It further claimed that a check of Jan’s car was conducted, during which a bag containing “white ice” (crystal meth) was found from under the driver’s seat.
The substance was then weighed on an electronic scale and a sample of 1g was taken from the 246g for chemical examination, it added. The FIR stated that Jan’s car was taken into police custody.
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