SC grants bail to PTM MNA in hate speech case

ISLAMABAD: The Supreme Court (SC) Tuesday granted bail to leader and MNA of Pashtun Tahaffuz Movement (PTM) Ali Wazir in a hate speech case.

A three-member SC bench, headed by Justice Sardar Tariq Masood, and comprising Justice Aminuddin Ahmed and Justice Jamal Khan Mandokhel, accepted the bail application of Ali Wazir against surety bond of Rs4 lakh and ordered for his release.

Ali Wazir was arrested in Peshawar on Dec 16, 2020, on charges of hate speech against state institutions while addressing a rally in Karachi on Dec 6. The court observed that the co-accused in the case had already been granted bail in the matter, and therefore one person could not be kept in custody.

“There is no justification for keeping the PTM leader in custody,” the court held, adding that the co-accused in the case including Noorullah Tarin and Sher Muhammad were released without separating their matter, but Ali Wazi was kept in custody.

The court held that the appellant was kept behind the bars and a charge had been framed against him but no evidence was brought against him. Justice Jamal Khan Mandokhel questioned as to whether keeping in custody one accused was not a mala fide when no evidence was found against the other co-accused.

The prosecution, however, submitted that accusations of spreading hatred and conspiring against the integrity of the state had been levelled against the accused Ali Wazir. Justice Sardar Tariq Masood asked the prosecution why other co-accused were released when there was an allegation of spreading hatred and conspiring against the national security and integrity of the state.

Salahuddin Gandapur, counsel for the accused, told the court that the case was registered against Ali Wazir on a speech, which he made in Pashto; however, the case was registered against him on the complaint of one Sindhi and one Punjabi, who did not know Pashtu. He submitted that a case was registered against his client in 2020, and no evidence and proof was produced against him.

Abdul Latif Afridi, another counsel for the accused, told the court that Ali Wazi had not made any speech against the state, adding that six members of his family had been killed in war against terrorism.

Latif Afridi said that a person who had lost his six family members, did not have the right to make a complaint. Justice Mandokhel observed that the allegations against Ali Wazir should be debated in Parliament and said if the MNA had reservations, they should be addressed.

Prosecutor General Sindh told the court that other cases were also registered against Ali Wazir. The court asked as to whether the accused had got bail in those cases. He replied in negative. Justice Sardar Tariq Masood remarked that a terrorism case could not be registered against the accused.

The prosecutor general stated that the accused had confessed to his crime before the police. Justice Tariq Masood remarked that confession before police was not acceptable evidence, adding that there was no legal status of confession, made before the police.

The judge wondered as to how sections of terrorism had been levelled against the accused, adding that if observation was made, then the case of prosecution would be affected in the trial court.