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IHC grants bail to Senator Azam Swati in controversial tweets case

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  • Azam Swati’s bail has been approved against bonds of Rs200,000.
  • IHC had earlier reserved its verdict in the case. 
  • Swati had filed plea seeking release on bail in IHC.

ISLAMABAD: The Islamabad High Court (IHC) on Monday approved the bail of Pakistan Tehreek-e-Insaf (PTI) Senator Azam Swati in the controversial tweets case.

IHC Chief Justice Aamer Farooq announced the verdict reserved earlier today, granting bail to the PTI leader in the case filed against him in November 2022.

The senator’s bail has been approved against surety bonds of Rs200,000.

Swati has been behind bars since November 27, when he was arrested for the second time for using abusive language against the top military brass, including former army chief General (retd) Qamar Javed Bajwa. The septuagenarian hurled swear words at Bajwa.

Swati had filed a plea seeking release on bail in IHC in relation to the case filed against him on November 26. His earlier plea, filed on December 21, was dismissed by trial court judge Azam Khan, who said that the senator had committed the same offence twice.

In his application, the senator stated that he did not post derogatory remarks against any institutions. He added that the prosecution has no proof against him despite an investigation.

The application read that Swati is 75 years old and a heart patient and that jailing him would be a sentence without conviction as all evidence against him is documentary.

Today’s hearing 

IHC Chief Justice Aamer Farooq conducted the hearing of the case without the presence of the special prosecutor. Swati’s lawyer Babar Awan appeared in court on behalf of his client.

Awan said that Swati’s son wants to put his viewpoint before the court.

“My father had written a letter, I want to read it with the court’s permission,” said Swati’s son.

At this, Justice Farooq said that the letter is present before the court.

The court said that a larger bench would be constituted to settle this matter once and for all.

Swati’s lawyer said that the court should look into this matter today, to which the court said a larger bench cannot be formed today.

Meanwhile, Swati’s son withdrew his letter of no-confidence against the IHC chief justice.

The court then inquired about the position of the challan, to which, the Federal Investigation Authority (FIA) replied that the challan was submitted on December 24, 2022, and the hearing will take place on January 3. 

The deputy attorney general said that the PTI senator has committed the crime again and a case has already been pending. 

The FIA said that Swati did not surrender his Twitter account. At this, the court said that the investigating agency itself ended the physical remand. 

“Is there a chance of tampering?” the court questioned the FIA officials. 

To this, the FIA said that Swati did not deny the tweet.

The court then reserved its verdict in the case. 

The cases

Swati is booked in multiple cases across the country for his controversial tweets against senior military officers.

Initially, the senator was arrested by the FIA on October 13 after he posted a hateful and threatening message against the then-army chief, judiciary, and other state institutions on his official Twitter account.

He had secured bail in that case, but on November 27, the FIA arrested him again for using abusive language against the top military brass, including Gen (retd) Bajwa.

On December 2, Balochistan police arrested Swati in a similar case registered against him in Quetta. At the time of his arrest, he was already on judicial remand in Adiala Jail and was shifted to Quetta under a transit remand acquired by the Balochistan police.

Later, the Balochistan High Court (BHC) ordered the quashing of all cases registered against the senator in the province. Once BHC issued the order, the Sindh Police took the senator into custody over the issue of controversial tweets.

The senator then approached the Sindh High Court for bail. The court also directed the quashing of all cases registered against the senator in the province.

Following the orders, Islamabad Police took the senator into its custody and brought him to the federal capital. He is still in custody.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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