LAHORE: The Lahore High Court (LHC) on Thursday dismissed the bail petition of student Alamgir Wazir, a nephew of MNA and Pashtun Tahaffuz Movement (PTM) leader Ali Wazir, in a sedition case registered over his participation in a student march last November.

The Civil Lines police had lodged the case against Wazir and other prominent participants in the Student Solidarity March under Section 124-A of the Pakistan Penal Code that deals with the offence of sedition.

Before the judge announced the verdict, a deputy prosecutor general presented a forensic report of the alleged objectionable speech by the petitioner, saying the voice matching had been done.

The petitioner’s counsel, Asad Jamal, argued that the petitioner had not denied the speech but the question was whether the content of the speech fell within the definition of sedition. This question was to be decided at trial, not at the bail stage, he added.

Justice Asjad Javed Ghural, however, dismissed the bail petition for which a detailed order would be released soon. He had reserved the verdict on Feb 4.

Commenting on the dismissal verdict, Advocate Jamal, in a series of tweets, “It is deplorable that a colonial law which was meant to curb dissent and freedom of speech and to put freedom fighters behind bars remains on the statute books, and our state continues to apply it in a regressive and anti-democratic manner and contrary to the progressive view of article 19 of the Constitution.”

Mr Jamal further said Alamgir’s continued incarceration was against the law and how it had been interpreted in various judgments of superior courts, including the LHC such as Tehmina Daultana vs the State (division bench) (2001), Javed Hashmi vs the State (single bench) (2010) and Inamullah Khan vs the State (division bench) (1977) and several other similar cases involving the offense of sedition. He said the verdict would be challenged in the Supreme Court as he hoped justice would be delivered even though it had already been delayed.

Previously, Asad Jamal had argued that the allegations leveled in the FIR were absurd, malicious and baseless. He said the petitioner was innocent and had falsely been implicated in a fabricated and frivolous case.

He also questioned validity of the complaint against the petitioner saying the same had not been duly filed by the provincial government as the deputy commissioner Lahore had not been duly authorised by the provincial cabinet as required in light of the Supreme Court’s famous judgment in Mustafa Impex case.

He pointed out that the offences listed in the first information report (FIR) were either bailable or carried lesser punishment in which release on bail was a norm rather than exception. He said the most serious offence against the petitioner was under Section 124-A of the PPC wherein the superior courts of the country had taken a lenient view regarding release on bail.

Mr Jamal argued that it was a case of further inquiry due to lack of conclusive evidence and the nature of offences. He said gravity and sensitivity of words spoken could only be assessed in trial and deeper appreciation of evidence was not to be carried out at bail stage.

The prosecutor had contended that the petitioner was a Pashtun and belonged to Wana in South Waziristan. He said the petitioner was also a relative of MNAs Ali Wazir and Mohsin Dawar who supported PTM.

The prosecutor further argued that the petitioner used objectionable language against the state institutions which, he said, tantamount to disrespect the country. He said the evidence collected by the police was sufficient to prove the offences committed by the petitioner.

Published in Dawn, February 7th, 2020