Screengrab of Azam Swati in Parliament. YouTube
Pakistan Tehreek-e-Insaf (PTI) Senator Azam Swati was arrested early on Thursday over allegedly tweeting “highly obnoxious and intimidating” remarks against state institutions and senior government functionaries, including the Army chief.
According to a First Information Report (FIR) filed by the Federal Investigation Agency (FIA), Swati has been charged Section 20 of the Prevention of Electronic Crimes Act, 2016, read with Sections 131 (abetting mutiny or attempting to seduce a soldier from his duty), 500 (punishment for defamation), 501 (printing or engraving matter known to be defamatory), 505 (statements conducing to public mischief) and 109 (punishment of abetment) of the Pakistan Penal Code.
The offending tweet was posted on Oct. 12 (Wednesday) around 7 p.m. and contained a screenshot of a TV channel reporting on the acquittal of P.M. Shehbaz Sharif and his son Hamza Shehbaz in a money-laundering case. “Mr. Bajwa congratulations to you and few with you,” it states, referring to Chief of Army Staff (COAS) Gen. Qamar Javed Bajwa. “Your plan is really working and all criminals are getting free at cost of this country. With these thugs getting free you have legitimize [sic] corruption. How you predict now the future of this country?”
The FIR describes the tweet as “intimidating,” alleging that Swati’s posting of it was a “mischievous act of subversion to create a rift between personnel/s of the armed forces and an attempt to harm the State of Pakistan.” Claiming that the senator had intended to undermine the judiciary and “seduce” Army personnel from their allegiance to their duties, it accused Swati of a “calculated attempt to create hatred in the mind of people and Army personnel against COAS and Pakistan Army and also created distrust toward judicial system.”
Stressing that Swati’s tweet had attempted to provoke general public and Army personnel by “trying to create a feeling of ill-will among pillars of the state,” the FIR alleged that he had also violated privacy and intimidated state institutions by using false information “which is likely to incite, any officer, soldier, sailor, or Airman in the Army, Navy or Air Force of Pakistan to mutiny or otherwise disregard or fail in his duty as such and is also likely to cause fear or alarm in the public and may induce/incite anyone to commit an offense against the state or the state institution/s or public tranquility.”
Court appearance
Swati was represented by Babar Awan, Sardar Masroof Khan and Qaiser Jadoon in an Islamabad sessions court that took up the matter on Thursday morning. The FIA requested seven-day physical remand for the accused, but the lawyers argued he had arrested on political grounds and was tortured during his late night detention and should be released. The court reserved its decision on the physical remand and ordered Swati to be taken for a medical checkup at PIMS Hospital to address the torture allegations.
Speaking with reporters after his court appearance, Swati said he had not been arrested for breaking the law, violating the Constitution or fundamental rights, but rather for “taking one name—of Bajwa.” Confirming that he had been arrested by the FIA, he alleged he had been “unclothed” and tortured by “agencies.”
Reacting to the arrest, PTI leaders have slammed the reports of torture and called for Swati’s release. “Brave man Senator Azam Swati as he tells of why he was arrested but also how he was subjected to torture while in custody,” she wrote while sharing a video of his press interactions. “Shameful,” she added.