A judicial magistrate on Thursday dismissed the post-arrest bail petition of podcast host Rehan Tariq in a case registered under blasphemy laws and the Prevention of Electronic Crimes Act.
The National Cyber Crime Investigation Agency (NCCIA) registered a first information report (FIR) against the YouTuber on June 25, after he conducted a podcast with a religious scholar and discussed highly sensitive and controversial sectarian issues, sparking controversy among followers of different sects.
The NCCIA had arrested the Youtuber from Lahore’s international airport upon his arrival from abroad. On Tuesday, he was sent on judicial remand by a magistrate.
Advocate Mian Dawood argued before the magistrate on behalf of the petitioner, saying that the prosecution had failed to produce any evidence linking his client to the alleged social media uploads.
He argued that conducting an interview and asking questions on historical or religious matters were constitutionally protected journalistic functions. He further pointed out that the first information report (FIR) did not specify which questions were allegedly objectionable.
The advocate stated that opinions obtained from prominent religious scholars showed that the questions did not amount to disrespecting any revered Islamic personality.
The counsel further argued that the petitioner was entitled to bail because the prosecution allegedly failed to comply with the requirements of Section 196 (Prosecution for offences against the state) of the Criminal Procedure Code (CrPC).
He stated that the offences fell within the non-prohibitory clause, the investigation had been completed, no further recovery was required, and the case warranted further inquiry.
In his verdict, Judicial Magistrate Naeem Wattoo dismissed the bail petition, noting that no case for extraordinary concession of bail had been made out in the matter.
The NCCIA registered the FIR against Tariq under section 11 (hate speech) of the Prevention of Electronic Act 2016, as well as section 153-A (spreading hate or promoting enmity between different groups), section 295-A (outraging religious feelings) and section 298 (uttering words or making gestures with the deliberate intent to wound religious feelings) of the Pakistan Penal Code.