File photo of Senator Azam Swati
A court in Islamabad on Sunday approved a two-day physical remand for Senator Azam Swati, who was arrested earlier in the day over controversial tweets against senior military officers.
Magistrate Waqas Ahmed Raja announced the verdict after hearing arguments from the Federal Investigation Agency (FIA) and Swati’s lawyers; the FIA had requested Swati’s physical remand for eight days compared to the two days it was granted. During the hearing, the investigating officer informed the court that Swati had been arrested over some controversial tweets, adding that the FIA needed time seeks to recover the senator’s Twitter account, mobile and other personal devices.
“Azam Swati is admitting that he wrote the tweet,” he added.
Arguing against the remand, Swati’s counsel Babar Awan maintained the offending tweets did not fall under the sections mentioned in the first information report (FIR).
Offending tweets
On Saturday, ahead of the PTI’s rally at Rawalpindi, Swati used foul language to abuse the Army chief and other senior military officers, specifically Maj. Gen. Faisal Naseer, on Twitter. “I will go against Major General Naseer at every platform. I will use every legal and moral forum against him,” he said, following up his tweets with an equally vitriolic speech at the rally that attracted condemnation from both political and civil circles.
Second arrest
The PTI leader, who was arrested on similar charges last month, was once again taken into custody from his farmhouse located in Chak Shahzad, Islamabad. The FIR lodged against him states he was being taken into custody by the FIA’s Cybercrime Wing for using foul language against the Army chief and other senior military officers under Sections 109 (punishment of abetment); 500 (defamation); 501 (printing defamatory material); and 505 (statements conducing to public mischief) of the Pakistan Penal Code.
The FIR said that such “intimidating tweets of blaming and naming” were a “mischievous act of subversion to create a rift between personnel of armed forces to harm the state of Pakistan.” It alleged that the accused had attempted to seduce Army personnel from allegiance to their duties as subordinates, adding this was a “calculated and repeated attempt” by Swati.
The FIR noted that a similar complaint had been filed against the senator in the past, adding that Swati attempted to “provoke” the general public and personnel of armed forces by trying to create “a feeling of ill-will among the pillars of the state.” It accused him of violating “privacy” and using “false information” aimed at inciting any officer, soldier, sailor or airman to mutiny or otherwise disregard or fail in his duty, adding these remarks were also likely to cause “fear or alarm” in the public.
While the FIR that led to his arrest was registered on the complaint of FIA Technical Assistant Anisur Rehman, various FIRs related to Swati’s tweets had also been registered against him by citizens at police stations in Karachi, Quetta, Jacobabad and Qambar. “Azam Swati’s tweet can create a law and order issue,” read one complaint, while another claimed he was inciting people against state institutions.
According to the FIA, it informed Senate Chairman Sadiq Sanjrani of Swati’s arrest. “After due process and permission from the authorities, Azam Swati was arrested,” it said in the letter sent to Sanjrani.
PEMRA ban
Shortly after Swati’s arrest, the Pakistan Electronic Media Authority (PEMRA) barred private television channels from broadcasting any of Swati’s speeches or press conferences, or inviting him on air. Referring to the senator’s allegations against national institutions during his speech in Rawalpindi, it said he had yet to provide any proof to substantiate his claims and warned television channels that they risked their licenses being revoked if they did not comply with the directives.
PTI condemns
“I am shocked and appalled at how rapidly we are descending into not just a banana republic but a fascist state,” PTI Chairman Imran Khan wrote in a posting on Twitter after Swati’s arrest. “How can anyone not understand the pain and suffering Senator Swati underwent with custodial torture and blackmailing video of him and his conservative wife sent to his family?” he said, adding that Swati’s tweets were a result of “justifiable anger and frustration at the injustice meted out to him especially the doors of Supreme Court remaining closed to him despite over a fortnight of appeals by senators in support of him.”
He urged “everyone” to raise their voice against “state fascism.”
PTI Secretary General Asad Umar, likewise, issued a condemnation. “The dignified manner in which Azam Swati conducted himself as he was arrested today shows he is fighting for a principle. You can disagree with his choice of words or even his views, but you cannot disagree with him that whatever happens must do so within ambit of law,” he added.