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Matiullah Jan handed 2-day remand in ‘bogus’ case, release demands grow

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ISLAMABAD: Senior journalist Matiullah Jan was remanded for two days in police custody on Thursday in a terrorism and narcotics case that was widely derided as being “bogus” on “trumped up charges” amid demands for his release.

He was earlier booked in a terrorism and narcotics case today amid concerns raised by rights bodies over his reported arrest from Islamabad last night. Following the claim of Jan’s son that his father was “abducted” from Islamabad last night by “unknown individuals”, it emerged that the journalist was booked in a first information report (FIR) in the early hours of today

Journalist Asad Toor confirmed to Dawn.com that he met with Jan in the morning but the journalist was then taken elsewhere. “He was fine,” Toor said about Jan’s condition.

“When I reached Margalla police station early in the morning, no one was there so I was able to meet him once,” Toor said.

“They took him from the Margalla police station and disappeared him somewhere. His whereabouts are unknown now and we do not know in which court they will produce him,” the journalist added.

Upon insisting that the police show an FIR in which Jan was arrested, Toor said, a policeman showed him an FIR pertaining to the PTI protest, which did not name Jan.

However, it later emerged that the anchor had been booked in a terrorism case, which also included charges of possessing narcotics. The FIR, shared by Toor and also independently verified by Dawn.com, was filed by the Margalla police on the complaint of Superintendent of Police Asif Ali.

Jan was later presented in the Rawalpindi Anti-Terrorism Court (ATC) where Judge Tahir Abbas Sipra presided over a request by the police to grant the journalist’s 30-day physical remand. However, the judge only granted his physical remand for two days.

He vowed to continue his work as he was brought to court by the police.

Concerning his treatment, he said: “This is highly irresponsible. The integrity of institutions is being destroyed. The reason [for the arrest] is as you know that I was [reporting] on the dead bodies.”

Jan’s lawyer, Hadi Ali Chatta, told the court that the police claimed to have recovered 257 grammes of ice when they arrested him. “Matiullah Jan is a senior journalist and is reporting on the truth,” Chatta said, adding that he was accompanied by senior journalist Saqib Bashir and arrested from Pims.

Chatta said that if it turned out that Jan was taking drugs, then he would “quit the practice of law”.

“He has been arrested for reporting on the D-Chowk case,” Chatta argued. “Our case has not been heard … how long will we tolerate this spectacle?”

Lawyer Imaan Zainab Mazari-Hazir asked what the purpose of the remand was, while lawyer Faisal Chaudhry said that nobody has “seen Matiullah Jan smoking a cigarette”, claiming that he was being “punished for speaking the truth, as he has been before”.

Prosecutor Raja Naveed argued that Jan bought and sold narcotics and added that a medical examination had been carried out. “We have to collect evidence from where the drugs were taken,” Naveed added, explaining the purpose of the remand.

“A journalist who is fearless and criticises the government cannot commit any crime,” the judge said, asking, “Do I need to issue remand based on my personal knowledge?”

Bashir was called to the stand and maintained that the ATC was for terrorists, not journalists. “Last night, it was asked whether or not we smoke cigarettes, now they are accusing us of taking ice,” he said.

Judge Sipra said that voices from the back of the courtroom were demanding that he grant remand to which while journalist Azaz Syed responded, “Perhaps you are hearing someone else’s voice from the back of the courtroom.”

Speaking outside the ATC after the decision to grant remand, Imaan rejected the court’s decision and said the legal team would challenge it.

“You have made a joke of this country’s law and made it a further joke by giving a two-day remand, We do not accept it and we will challenge this decision.”

She added that they would pursue criminal revision against the court order and quashment of the “blatantly false FIR”.

“Equally absurd that two days physical remand has been given. Journalism is not a crime but insulting our collective intelligence like this should be. Enough of this insanity!” she said in a post on X.

Earlier, senior anchor and Dawn columnist Arifa Noor said on social media platform X that she spoke with Toor, according to whom Jan had been booked in a case against top PTI leadership and others for their November 24 rally.

While Noor had said Jan was being detained at Islamabad’s Margalla Police Station, in a later post, human rights lawyer Imaan Zainab Mazari-Hazir said she visited the police station but the journalist was “missing”, echoing what Toor told Dawn.com.

“After pleading with police at Margalla Police Station to allow us access to our client Matiullah Jan, we were finally allowed in,” Imaan said on X.

The lawyer said she checked the lock-up herself and the “people locked up inside confirmed to me that right before we came, the police took Matiullah Jan. He is missing”.

The FIR

The FIR claimed that Jan was found possessing 246 grams of narcotic methamphetamine (crystal meth) when his vehicle was stopped at E-9 in the federal capital.

The case was registered at 3:20am, nearly an hour after the alleged incident took place.

The provision invoked from the Control of Narcotic Substances Act (CNSA) 1997 is Section 9(2)4, which specifies the punishment for possessing or trafficking “more than 100g and up to 500g” of psychotropic substance.

The FIR also invoked Sections 7 of the Anti-Terrorism Act (ATA) 1997 as well as Sections 186 (obstructing public servant), 279 (Rash driving or riding on a public way), 353 (assault or criminal force to deter public servant from discharge of his duty), 382 (theft after preparation made for causing death, hurt 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.

According to the FIR, a white Toyota Yaris car was rapidly moving towards Islamabad’s F-10, when it was signalled to stop at a checkpost at E-9. However, the driver, who the FIR said later identified himself as Jan, “rammed the vehicle with the intention to hit the workers, injuring Constable Mudassir.

The FIR added that when the vehicle managed to stop due to a barrier, the driver stepped out of the car and “assaulted” the constable, then snatched his SMG rifle and pointed it back at the cop. When the police recovered the rifle, the complaint said, the driver was inquired about his identity, which he revealed as Matiullah Jan.

Upon a cursory look, Jan was found under the influence of a narcotic, the FIR alleged. It further claimed that a check of Jan’s car was conducted, during which a bag containing “white ice” (crystal meth) was found from under the driver’s seat.

The substance was then weighed on an electronic scale and a sample of 1g was taken from the 246g for chemical examination, it added. The FIR stated that Jan’s car was taken into police custody.

Public outcry demanding Jan’s release

Earlier today, rights bodies and the journalism fraternity voiced their concerns on Jan’s arrest, following his son’s allegation that the anchor was abducted from Islamabad last night.

A post on Jan’s X account at 5:09am, seemingly made by his son, read: “Matiullah Jan has been abducted from the parking of Pims tonight at around 11pm by unmarked abductors in an unmarked vehicle.”

Referring to the Pakistan Institute of Medical Sciences (Pims), the post had also said that journalist Saqib Bashir was also allegedly abducted but was “let go five minutes later”.

“This follows [Jan’s] courageous coverage of the protests in Islamabad,” the post highlighted.

“I demand that my father be let go immediately and his family immediately be informed of his whereabouts.”

In a video statement posted on Jan’s account, his son Abdul Razzaq repeated the details, saying those who allegedly “picked up” the anchor did not introduce themselves.

“[Saqib] Bashir uncle was told ‘this is not your issue’ and he was released,” Razzaq said. He highlighted that the “issue” with his father was his devotion to report on the ongoing developments even at 3am to “inform the public”.

“The unknown individuals, unknown vehicles — the real heirs to Pakistan — picked him up on the basis of this issue,” the son alleged. “People like you are in every country but they do not eat their own [people]. What need do we have of enemies then?”

“[…] You are implementing childish tactics from the CIA (Central Intelligence Agency)’s playbook early in the morning.”

Human rights organisation Amnesty International said in a post on X that Jan’s “arbitrary detention” on “trumped up charges” was “an affront on the right to freedom of expression and media freedom”.

It said the authorities must immediately release him and drop the “politically motivated charges” against him. “The government should stop targeting journalists for simply doing their job.”

The Committee to Protect Journalists (CPJ) expressed grave alarm over “reports of the abduction” of Jan, noting it followed “his coverage of protests by supporters of imprisoned former prime minister Imran Khan”.

“Authorities must ensure Jan’s safety and immediate release,” the CJP asserted in a post on X.

“We call for a swift and impartial investigation into the incident and accountability for all perpetrators.”

The journalists’ body went on to confirm that Bashir had been released.

Referring to a similar case of the senior journalist, the CPJ said “complete impunity persists for Jan’s previous abduction in 2020”.

The Human Rights Commission of Pakistan demanded Jan’s “immediate and unconditional release”, noting he had “reportedly been arrested following his coverage of the recent protests in Islamabad”.

“This authoritarian tactic to silence journalists must cease,” the HRCP asserted.

The Pakistan Federal Union of Journalists (PFUJ) expressed grave concern over Jan’s alleged abduction and subsequent arrest.

In a statement issued today, PFUJ President Afzal Butt and Secretary General Arshad Ansari condemned the incident, urging Prime Minister Shahbaz Sharif and Interior Minister Mohsin Naqvi to intervene and secure Jan’s immediate release.

“The PFUJ demands a swift and impartial investigation into the incident, ensuring accountability for all perpetrators. This incident raises concerns, given Jan’s previous abduction in 2020 remains unpunished.”

The PFUJ said that such actions of the government could not be tolerated and demanded the government end the illegal and undemocratic practice of targeting journalists for merely performing their professional duties, warning of countrywide protests if Jan was not released.

The Digital Media Alliance of Pakistan also condemned the alleged abduction.

“I strongly condemn this blatant infringement on Matiullah Jan’s rights and freedoms. We demand his immediate and unconditional release,” the statement quoted the alliance’s president as saying.

“The arbitrary detention of journalists is a grave threat to press freedom and the rule of law. We urge the authorities to take swift and decisive action to ensure Matiullah Jan’s safety and to investigate this incident.”

The statement demanded that the freedom of the press and the safety of journalists must be upheld and safeguarded, adding that the organisation would continue to advocate for Jan’s release and the protection of journalists’ rights in Pakistan.

Former human rights minister Shireen Mazari commented the “horror continues”.

Anchor Munizae Jahangir said Jan was “reporting from hospitals on those injured and killed from bullet wounds at PTI protest and [it] seems that’s why he has been arrested for his journalistic work”.

Commenting on the case, rights lawyer Jibran Nasir said the “main complaint against Matiullah Jan was [of] him reporting counter versions and raising questions about the number of dead and injured as a result of operation on PTI protest”.

He pointed out that the journalist had not been registered in “any case for spreading misinformation or creating anarchy but booked in a terrorism and narcotics case”, saying it showed the “desperation of the state to silence him and his questions”.

Digital rights activist Usama Khilji claimed Jan had been “forcibly disappeared for investigating the truth behind the killing of civilians in Islamabad at the PTI protest”.

“Journalism is not a crime,” he stated, urging Prime Minister Shehbaz Sharif to “release” him immediately.

In another post, Khilji wondered: “How can a journalist be charged for a protest that he is reporting on?”

“This is an absolutely bogus case in totality,” the activist added.

Veteran politician MNA Sardar Akhtar Mengal strongly condemned the case against Jan, calling the accusations “false and baseless”.

“The current state of affairs leaves no space for honest journalism or meaningful politics which is a grave injustice to society. Silencing voices of truth [is a] crime against democracy,” he lamented.

The PTI, whose protest Jan was reportedly covering, said the journalist’s disappearance raised “serious concerns about press freedom and the safety of journalists”, calling it “suppression of information”.

In another post, the party claimed that another journalist, Shakir Mehmood Awan, had also been abducted.

“The establishment and the PML-N government must end the abhorrent practice of abducting individuals who dare to voice dissent against their propaganda,” it said.

Veteran journalist Hamid Mir also said on X that Awan was “missing since last many hours”. Dawn.com is yet to verify the claims regarding Awan’s disappearance.

A plea was filed with the Lahore High Court by Awan’s to recover and produce him immediately. The petition was fixed for hearing at 9am on Friday by Justice Tariq Saleem Sheikh.

It named the Federation of Pakistan, the Punjab government, the secretaries of interior, defence and home, the Punjab and Lahore police chiefs, the Federal Investigation Agency (FIA), the director of the FIA’s Cybercrime Wing and the station house officer of RA Bazaar police station in Lahore as respondents.

According to the petition, seen by Dawn.com, around 20 unidentified individuals allegedly jumped over the walls of Awan’s Lahore home, confiscated his and his family’s mobile phones and abducted him, additionally seizing the CCTV cameras in the house.

“These persons were armed and were hiding their faces, prima facie appearing to be from the elite forces of the police, and some of them were in civilian clothing as well,” the petition reads. It argued that authorities did not adopt the “legal procedure” of taking Awan into custody and violated police rules.

The petitioner requested that the court issue a writ of habeas corpus and produce Awan at the earliest while showing cause for the detention.

Additionally, the court was requested to “initiate appropriate legal proceedings against the respondents for their unlawful actions, including but not limited to forcible entry, harassment, assault and illegal detention”.

In a video statement recorded outside the high court, Awan’s lawyer Muhammad Azhar Siddique briefed reporters on the incident. “Senior court reporters Shakir Mehmood Awan was abducted from his home by 20 unidentified persons at 2am,” he said.

“We requested that the case be heard today, but so far it has not been scheduled,” he added. “We approached the FIA cybercrime unit but they did not respond.”

Lamenting the state of the justice system, he said, “We are witnessing the law of the jungle here. We have a situation where cases can be registered on a whim … we may as well remove fundamental rights from the Constitution.”

Siddique, flanked by Awan’s mother Shahnaz Begum, demanded the release of Awan, Jan and “innocent workers” arrested in Islamabad. “Bar associations have already demanded a judicial inquiry, that must be completed.”

Shahnaz said, “In the wee hours of Thursday, these people jumped over the walls of our home and entered our house. They took down our CCTV cameras and disconnected our internet. They caused us immense distress.

“They did this because my son tells the truth and stands for justice,” she added. “If he did something wrong, then arrest him, but I know my son stands for the truth.”