ISLAMABAD: In an unexpected move, PTI Senator Azam Khan Swati on Monday wrote to Islamabad High Court (IHC) Chief Justice Aamer Farooq while the latter was hearing his post-arrest bail plea.

In the letter, Mr Swati criticised the IHC over his handing over to the Balochistan and Sindh Police where he is facing 46 FIRs. He also criticised the transfer of trial court judge where his bail plea was pending.

The FIA last month arrested Mr Swati for defamation, a statement conducing to public mischief, and a campaign of intimidating tweets after his fiery speech at the PTI’s long march in Rawalpindi in which he lashed out at the military leadership.

The FIA’s Cyber Crime Wing arrested him under Section 20 of the Prevention of Electronic Crimes Act (Peca) and Section 109 (abetment), 131 (mutiny), 500 (defamation) and 505 (conducing to public mischief) of Pakistan Penal Code (PPC).

In letter to IHC chief justice, senator also criticises transfer of judge; alleges he was ‘abducted’ from Pims

Mr Swati’s letter was addressed to the chief justice, but it was not delivered to the IHC till late in the evening.

In the communication, Senator Swati said that due to an order of the IHC chief justice he was “abducted” and illegally taken from the Pakistan Institute of Medical Sciences Hospital (Pims) on Dec 2 — where he was under treatment — to Quetta and then Sindh where 46 “false” FIRs were registered against him.

He claimed that the judge of the FIA’s special court, Additional District and Sessions Judge Raja Asif Meh­m­ood, was transferred after he reserved judgement on his bail petition.

As per the record, the high court’s administration issued the transfer order of Judge Asif on Nov 21, while Mr Swati was arrested on Nov 28 a week after the IHC had nominated District and Sessions Judge Azam Khan as presiding officer of the FIA’s court.

Mr Swati stated that his lawyer had presented a judgement before ADSJ Raja Asif about the registration of FIRs after which he reserved the decision, but he was transferred before the announcement of his ruling.

According to the said judgement, Justice Babar Sattar quashed the FIR registered against a citizen over an anti-army tweet. However, in this particular case, the suspect (Mr Swati) has dissociated himself from the Twitter handle where the controversial tweet had been uploaded.

Mr Swati’s counsel, Babar Awan, suggested that his client’s case is identical to the case decided by Justice Sattar and therefore his case might be placed before the same bench.

However, since Justice Sattar is on leave and Mr Swati’s another petition was disposed of by Chief Justice Farooq, the registrar fixed this case before the CJ.

While seeking their reply to Mr Swati’s plea through notices to FIA and the state, Justice Farooq adjourned the case to Jan 2.

In his bail plea, Mr Swati dissociated himself from the controversial tweets and said he never tried to defame any institution. The PTI leader said he was falsely implicated in the case due to “political influences of hostile regime”.

According to the petition, after the registration of FIR, he was incarcerated in physical remand by the FIA before being handed over to the Balochistan Police.

It said that after the Balochistan High Court and the Sindh High Court had ordered quashing the FIRs against him, he approached the special court of FIA for post-arrest bail. However, he said, the judge dismissed the bail plea.

In the petition, Mr Swati states that he is 75 years old and suffering from heart disease and is on medication.

The court was told that “entire case against the petition[er] is consisting of documented allegation, therefore, [there is] no useful purpose of keeping him [in the] judicial custody, which shall tantamount, in fact, [to] punishment in advance to the petitioner in the offences of which the trial is yet to commence”.

Published in Dawn, December 27th, 2022