ISLAMABAD, Feb 21: The additional district and sessions judge on Wednesday accepted bail application of Khalid Khawaja who was arrested about a month ago on charges of spreading sectarianism and religious hatred.

Khalid Khawaja went missing on January 26 when he had gone to a mosque near his house in G-10 sector. His relatives started searching for him but failed to find him. In the evening, they came to know that he had been picked up by agencies and booked on charges of spreading sectarianism and distributing pamphlets of religious hatred outside Lal Mosque.

On Wednesday, he was produced before Additional District and Sessions Judge Nisar Ahmad Baig. His lawyer, Shaukat Aziz Siddiqui, argued before the court that charges levelled against Mr Khawaja were non-cognisable offences and could not be arrested without warrant.

He questioned the registration of FIR contending that only the federal and provincial governments or any appointed authority could be the complainant whereas in this case a sub-inspector was the complainant as well as the investigation officer.

The defence counsel cited the judgment of the Lahore High Court in which directives have been issued that in cases related to sectarianism and blasphemy, investigations should not be conducted by a team less than two gazetted police officers and a religious scholar well conversant with Islamic jurisprudence.

In this case, however, Sub-Inspector Ghulam Mustafa of Aabpara police station was both the investigation officer as well as the complainant.

Mr Siddiqui contended that in the past the police, at the behest of the government, would involve people in arms cases but now they produce objectionable leaflets and posters which they claim to have recovered from the person they want to implicate in a false case.

He said superior courts had issued orders that bail should be granted in cases of such nature. Defending the government’s position, district prosecutor Mr Ishaq said Khalid Khawaja was found involved in dangerous activities. Such things fan sectarianism and religious hatred, he argued.

After hearing these arguments, the additional district and sessions judge observed that these were allegations and arresting someone in such cases was, technically, illegal. He accepted the bail application and ordered his release.

Khalid Khawaja was arrested on January 26. On February 3, he was produced before magistrate Sheikh Irfan but his bail plea was rejected. He was sent to Adiala Jail and kept with condemned prisoners, his lawyer said.