KARACHI: A judicial magistrate on Saturday directed an investigating officer to file an investigation report against journalist Bilal Farooqui, who has been booked in a case pertaining to allegedly defaming state institutions on social media as well as cybercrime.

Police had arrested Mr Farooqui and booked him in a case registered at the Defence police station under Sections 500 (defamation) and 505 (statements conducing to public mischief) of the Pakistan Penal Code (PPC) and Sections 11 (hate speech) and 20 (offences against the dignity of a natural person) of the Prevention of Electronic Crimes Act, 2016 (Peca). He was later released on personal bond.

On Saturday, he appeared before Judicial Magistrate (South) Uzair Ali Khan.

IO Malik Basharat stated in remand papers that after registration of the FIR the journalist was taken into custody and kept in a lock-up, but later released on execution of a personal bond, as Sections 500 and 505 of the PPC were inserted in the FIR by mistake on part of the relevant officials in the operations department.

He further informed the court that since prior permission from either the interior ministry or provincial home department was required before lodging an FIR under these sections and upon realising the mistake, the same sections of the PPC were removed from the FIR and the journalist was released because sections 11 and 20 of Peca were bailable.

The IO said Peca pertained to the Federal Investigation Agency and requested the judge that the matter may be referred to the FIA for investigation and further legal action, if required.

However, the judge berated the IO that after removing the relevant sections of the PPC, the case was no longer within the jurisdiction of the police and it was now a matter for the FIA.

The judge directed the IO to submit a ‘proper’ investigation report, under Section 173 of the criminal procedure code within the prescribed period (14 days) and adjourned the hearing.

According to the FIR, complainant Javed Khan, a resident of Majeed Colony in Landhi, said that he was a machine operator at a factory in the Landhi area and he visited a restaurant in DHA Phase-II Extension on Sept 9 where he checked his Facebook and Twitter accounts and found “highly objectionable material” shared by Mr Farooqi on the two platforms.

He claimed that the “highly provocative posts” had been shared by Farooqi against the army and that the same also contained material pertaining to religious hatred.

Published in Dawn, September 13th, 2020