Senior journalist Matiullah Jan was granted bail by an Islamabad anti-terrorism court (ATC) on Saturday in a terrorism and drug case that was widely criticized as being “bogus” on “trumped up charges” in response to calls for his release.
After allegedly being arrested in Islamabad on Wednesday night after his son claimed that the journalist had been kidnapped by “unknown individuals,” Jan was booked in the case on Thursday.
The court ordered the anchor to be placed on judicial remand after the IHC delayed the two-day physical remand that was given to the police on Thursday.
Today, Jan was brought before ATC judge Tahir Abbas Sipra following the filing of the bail petition by the anchor’s legal team. Jan’s attorneys in court were Imaan Zainab Mazari-Hazir, Hadi Ali Chattha, and Abdullah Kundi.
When Jan was arrested on Thursday, rights organizations and the journalism community expressed their concerns and called for his release. Judge Sipra ordered Jan to be placed on judicial remand during the hearing, and despite prosecutor Raja Naveed’s opposition to the bail petition, the judge granted it on surety bonds worth Rs 10,000. The ATC will then issue Jan’s release orders after the surety bonds are submitted.
Jan’s “arbitrary detention” on “trumped-up charges” was described by human rights organization Amnesty International as “an affront on the right to freedom of expression and media freedom.”
Following “his coverage of protests by supporters of imprisoned former prime minister Imran Khan,” the Committee to Protect Journalists (CPJ) had voiced serious concern over “reports of the abduction” of Jan.
The hearing
When Judge Sipra asked at the beginning of the hearing when Jan would be in court, the investigating officer said that he will be brought in at 12 p.m.
The judge gave the order to “present Matiullah before the court as soon as possible.”
Judge Sipra requested a copy of the IHC order and ordered that it be added to the case file when Jan was brought before the court.
In accordance with yesterday’s IHC orders, the judge declared, “I am sending him to jail on judicial remand.”
Jan’s attorney, Kundi, said the bail plea was filed earlier today and asked the court to consider it. As he sent notifications to the respondents, the judge said, “Your bail petition comprised seven pages.”
Judge Sipra stated that “issuing notices means that the prosecution may present arguments if it wishes to do so.” The judge added, “I also said the other day that journalists have been harmed by appearing on TV screens.”
He observed, “They are making a video of the prosecutor viral,” and inquired as to the whereabouts of a particular well-known journalist today. The judge remarked, “I thought he would apologize today.”
Judge Sipra said, “Saqib Bashir sahib, you have been coming here for a long time,” referring to another journalist who had been briefly imprisoned with Jan. Have you ever done it before?
When the judge asked attorney Kundi if he had any further comments, he responded that it was now the witnesses’ duty to provide an affidavit. “The person at the scene was the one who submitted the affidavit,” the judge noted, referring to Bashir. He has endured it.
Prosecutor Naveed resisted allowing the journalist bail when questioned about his reasoning.
Judge Sipra then granted the bail request on Rs. 10,000 surety bonds.
The FIR
Abdul Razzaq, Jan’s son, said on Thursday that his father had been kidnapped the previous evening from the Pakistan Institute of Medical Sciences (Pims) parking lot by unidentified people.
It was eventually revealed, meanwhile, that the anchor had been charged with terrorism and drug possession. On the complaint of Superintendent of Police Asif Ali, the Margalla police filed the FIR, a copy of which can be found on Dawn.com.
According to the FIR, when Jan’s car was pulled down at E-9 in the federal capital, 246 grams of methamphetamine (crystal meth) were discovered in his possession.
Nearly an hour after the claimed event occurred, at 3:20 am on Thursday, the case was filed.
The section cited is Section 9(2)4 of the Control of Narcotic Substances Act (CNSA) 1997, which outlines the penalties for trafficking or having “more than 100g and up to 500g” of psychotropic substances.
Section 7 of the Anti-Terrorism Act (ATA) 1997 was also cited in the FIR, along with Sections 186 (obstructing a public servant), 279 (Rash driving or riding on a public way), 353 (assault or criminal force to deter a public servant from performing his duties), 382 (theft after preparation has been made to cause death, harm, or restraint), 411 (dishonestly receiving stolen property), 427 (mischief causing damage to the amount of Rs50), and 506ii (threat to cause death or grievous hurt) of the Pakistan Penal Code.
The FIR claims that when a white Toyota Yaris was instructed to stop at a checkpoint at E-9, it was speeding in the direction of Islamabad’s F-10. But according to the FIR, the driver, who subsequently claimed to be Jan, “rammed the vehicle with the intention of hitting the workers, injuring Constable Mudassir.”
The FIR also stated that once the automobile was able to stop because of a barrier, the driver got out and “assaulted” the constable before grabbing his SMG gun and pointing it back at the officer. According to the complaint, the driver was asked who he was when the police found the firearm and he identified himself as Matiullah Jan.
According to the FIR, a quick inspection revealed that Jan was under the effect of drugs. It also stated that when Jan’s automobile was inspected, a bag containing “white ice”—crystal meth—was discovered beneath the driver’s seat.
After that, the material was weighed using an electronic scale, and 1 g of the 246 g was extracted for chemical analysis. According to the FIR, Jan’s automobile was seized by the police.
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