IHC grants bail to Swati in tweets case

ISLAMABAD: The Islamabad High Court (IHC) on Monday approved the bail of Pakistan Tehreek-e-Insaf (PTI) Senator Azam Swati in the controversial tweets case.

IHC Chief Justice Aamer Farooq announced the verdict reserved earlier today, granting bail to the PTI leader in the case filed against him in November 2022.

The senator’s bail has been approved against surety bonds of Rs200,000. Swati has been behind bars since November 27, when he was arrested for the second time for using abusive language against the top military brass, including former army chief General (retd) Qamar Javed Bajwa. The septuagenarian hurled swear words at Bajwa.

Swati had filed a plea seeking release on bail in IHC in relation to the case filed against him on November 26. His earlier plea, filed on December 21, was dismissed by trial court judge Azam Khan, who said that the senator had committed the same offence twice.

In his application, the senator stated that he did not post derogatory remarks against any institutions. He added that the prosecution has no proof against him despite an investigation. The application read that Swati is 75 years old and a heart patient and that jailing him would be a sentence without conviction as all evidence against him is documentary.

IHC Chief Justice Aamer Farooq conducted the hearing of the case without the presence of the special prosecutor. Swati’s lawyer Babar Awan appeared in court on behalf of his client. Awan said that Swati’s son wants to put his viewpoint before the court.

“My father had written a letter, I want to read it with the court’s permission,” said Swati’s son. At this, Justice Farooq said that the letter is present before the court. The court said that a larger bench would be constituted to settle this matter once and for all.

Swati’s lawyer said that the court should look into this matter today, to which the court said a larger bench cannot be formed today. Meanwhile, Swati’s son withdrew his letter of no-confidence against the IHC chief justice.

The court then inquired about the position of the challan, to which, the Federal Investigation Authority (FIA) replied that the challan was submitted on December 24, 2022, and the hearing will take place on January 3.

The deputy attorney general said that the PTI senator has committed the crime again and a case has already been pending. The FIA said that Swati did not surrender his Twitter account. At this, the court said that the investigating agency itself ended the physical remand.

“Is there a chance of tampering?” the court questioned the FIA officials. To this, the FIA said that Swati did not deny the tweet.

The court then reserved its verdict in the case. Despite getting the bail from the IHC in the controversial tweets case, Azam Swati could not be released from the jail today (Monday) due to the unavailability of the court’s written orders.

Earlier today, Justice Aamer Farooq announced the verdict reserved but the written orders of the ruling could not be issued today owing to unknown reasons. As per the procedure, the trial court will issue the release order for Swati after receiving the IHC’s written order and the PTI leader’s surety bonds.

Meanwhile, Pakistan Tehreek-e-Insaf leadership (PTI) welcomed the Islamabad High Court’s (IHC) decision of granting bail to PTI Senator Azam Swati but they said that the case put a question mark on the country’s justice system.

PTI Vice Chairman Shah Mehmood Qureshi, in his reaction, said that Swati was finally granted bail and they all, of course, were happy and satisfied about it. However, he contended that it was a question mark on ‘our justice system that how a 75-year-old senior citizen faced hardships to get justice despite being subjected to the worst mental and physical violence’.

“Azam Swati’s bail was granted but the black spot made on the face of our justice system is difficult to be erased. His only crime was how he mustered up courage to criticise the powerful people. He was taken to every court in provinces to break the courage of 75-year-old person but he remained steadfast,” PTI Senior Vice-President wrote on his Twitter account.

In his reaction, PTI Central Secretary General Asad Umar said Swati finally got bail, but raised question if he will get justice. PTI Senior Vice President Dr Shireen Mazari welcomed the news about bail being given to Senator Swati. However, she said that it was simply partial justice. “Who will ever give him full justice for speaking the truth about his torturers especially those behind NRO-2 for the cabal of crooks,” she questioned.

She said, “He suffered custodial torture, humiliation, blackmail when he, along with his wife, was stripped of basic human dignity through release of a video. As if all that was not enough for petty men with fragile egos, he was taken across country to face over 30 FIRs. When he got relief from them, he was brought back and incarcerated in ICT”.

Dr Mazari raised question who would ever hold those who did this to Senator Swati accountable. Yet unless they were held accountable there can be no justice for him. As for the pussilanimous Senate Chairman Senators from all parties should hold him accountable for not signing Senator Swati’s production orders,” she added.