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BHC again orders quashing of FIRs against Azam Swati

The Balochistan High Court (BHC) ordered on Monday the quashing of all cases registered against PTI Senator Azam Khan Swati across the province. Justice Abdul Hameed Baloch issued the directives during a hearing on the petition filed by the senator’s son which sought to revoke multiple cases registered against the PTI leader in Balochistan. The senior PTI leader was arrested last month, the second time the senator was taken into custody by the Federal Investigation Agency (FIA) in less than two months over controversial tweets about senior military leaders. He was arrested after the FIA booked him in a case registered under Section 20 of the Prevention of Electronic Crime Act 2016 (Peca), which deals with offences against the dignity of a person. He was also nominated in multiple FIRs registered in Balochistan and Sindh for using “derogatory language” and “provoking the people against the army”.

As many as eight cases were filed against Swati in Balochistan. Among them, three were recently filed in Winder, Bela, and Chaman. The BHC had on Dec 6 ordered police not to register more cases on the same charges against Swati and sought details of all cases registered so far against the PTI leader in the province. During the hearing on Monday, Swati’s counsel Naseebullah Tareen appeared on behalf of the senator’s son. After reviewing the petition, the court ordered authorities to quash all cases registered against the senator in Balochistan. Azam was first arrested by the FIA on charges of posting controversial tweets about the armed forces in October and was later released on bail. The senator has alleged since that he was tortured in custody and demanded the removal of two military officials, one of whom he used foul language against in his tweet on November 26.

On November 27, the FIA arrested Swati for the second time over a “highly obnoxious campaign of intimidating tweets […] against state institutions”. The arrest came after an FIR was registered by the FIA on the complaint of the state through Islamabad Cyber Crime Reporting Centre Technical Assistant Aneesur Rehman. The complaint was registered under Section 20 of Peca as well as Sections 131 (abetting mutiny or attempting to seduce a soldier from his duty),500 (punishment for defamation), 501 (defamation and printing of content deemed defamatory), Section 505 (statement conducing to public mischief) and 109 (abetment) of the Pakistan Penal Code. Separately, a local court in Islamabad adjourned the hearing of the bail petition of Pakistan Tehreek-e-Insaf Senator Azam Khan Swati in the controversial tweet case till Tuesday. Special Judge Central Muhammad Azam Khan heard the bail plea of Azam Swati. At the outset of hearing, the petitioner’s lawyer Dr Baber Awan argued that the complainant in the first information report registered by the Federal Investigation Agency (FIA) was not an aggrieved party while the maximum punishment in such a case was Rs 1,000 fine. Later the court adjourned the case till Tuesday wherein Special Prosecutor Rizwan Abbasi will present his arguments.

Filed Under: Pakistan

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