Tweets case: BHC orders quashing of all FIRs registered against Azam Swati in Balochistan

The Balochistan High Court directed police on Friday to quash all five first information reports (FIRs) registered against PTI Senator Azam Swati in the province over his controversial tweets against top military officials and release him if he was not booked in any other cases.

Swati — who was arrested in Islamabad by the Federal Investigation Agency on November 27 for the second time in less than two months over strongly worded tweets about senior military leaders — was booked under Section 20 of the Prevention of Electronic Crime Act 2016 (Peca), which deals with offences against the dignity of a person.

Separately, he was also nominated in multiple FIRs in Balochistan and Sindh for using “derogatory language” and “provoking the people against the army”.

Following his arrest, Swati was shifted to Quetta aboard a special flight amid tight security last Friday after the judicial magistrate of Islamabad handed him over to the Balochistan police. The senator was subsequently remanded in police custody for five days on Sunday.

A day later, his son, Osman Swati, approached the BHC against the FIRs registered against the senior Swati and the court had restrained the provincial government and authorities from registering any more FIRs against the senator.

Justice Muhammad Hashim Khan Kakar resumed hearing the plea today and reprimanded the police for registering multiple cases against Swati.

“Does the Balochistan IG (inspector general of police) know about the registration of these five cases?” he questioned.

Police informed the judge that the IG did not know about the FIRs.

Following that, Justice Kakar observed that further extension in Swati’s remand was not required and asked, “On what basis was his first remand approved?”

When police reiterated the judge’s observation that Swati remand was not needed any longer, Justice Kakar remarked: “Why do police take steps because of which they and the court have to hide their faces?”

He then directed police to quash all FIRs registered against the senator in the province and release him if he was not booked in any other cases.

Swati was not presented before the court today, but Advocate General Asif Reki, Senior Superintendent of Police (Investigation) Asad Nasir and Swati’s son, Osman, attended the hearing.

Arrests over tweets

Swati 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 (CCRC) Technical Assistant Aneesur Rehman.

The complaint was registered under Section 20 of the Prevention of Electronic Crime Act 2016 (Peca) which deals with offences against dignity of a person 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 (PPC).

Meanwhile, separate FIRs were registered against the PTI leader in Balochistan and Sindh as well.

Following his arrest in November, the Pakistan Electronic Media and Regulatory Authority (Pemra) prohibited media coverage of Swati on all satellite TV channels.

A day after his arrest, an Islamabad court sent the senator on 14-day judicial remand and he was later taken to Balochistan.

This was after Swati moved a petition before the Islamabad High Court against shifting him outside the jurisdiction of the federal capital in view of the multiple cases filed against him.

The plea requested the court to restrain the res­p­­ondent authorities from handi­ng over Swati to the Sindh or Balochistan pol­ice until the record was produced before the court.

On Thursday, also sought an exemption from in-person appearance at the court on grounds of health and security.