Journalist Farhan Mallick challenges bail plea dismissal

A sessions court on Saturday issued a notice to the Federal Investigation Agency on the bail application of journalist Farhan Mallick in a case pertaining to allegedly uploading anti-state content on his YouTube channel.

Mallick, through his lawyer Abdul Moiz Jafferii, filed the bail plea before the district and sessions judge (East) after a judicial magistrate denied him post-arrest bail on Friday.

The court issued a notice to the FIA prosecutor and investigation officer and set April 3 as the date for the hearing of the bail plea.

On Friday, Judicial Magistrate Yusra Ashfaq had dismissed the bail application of the journalist. In her written order, she observed: "A journalist, as a responsible citizen of the state, must express views while adhering to journalistic norms and ethical standards."

She noted that as per the defence counsel, the offence did not fall under the prohibitory clause. "Notably, there is no dispute regarding the accused's ownership of the YouTube channel or the posting of videos with the mentioned title slogans. [It] apparently connects the applicant/accused with commission of the offences, it envisages that the matter does not come within the meaning of further inquiry and bail cannot be granted to him under Section 497(2) of the CrPC."

She added that indeed, the offence punishable under Section 26-A of PECA did not fall under the prohibitory clause but the same was non-bailable and grant of bail in an offence falling under non-prohibitory clause was a concession /grace while its refusal was an exception.

"Whereas this case particularly falls within the exception as such kind of offences make unrest, chaos and disrupt in the society against the state institutions and further trigger grave consequences, and there is serious chance of repeating the offences and tampering with the prosecution evidence."

"In view of the above discussion and material available on record against present applicant/accused, he is not entitled for concession of bail; hence, instant bail application is dismissed," the magistrate ruled.