ISLAMABAD: The Islamabad High Court (IHC) suspended the Anti-Terrorism Court’s decision of sending journalist Matiullah Jan on two days physical remand.
A Division Bench of Chief Justice Aamer Farooq and Justice Arbab Muhammad Tahir, on Friday, heard a petition filed through Riasat Ali Azad advocate, Imaan Zainab Mazari and Hadi Ali Chattha advocate.
The petitioner challenged order dated 28.11.2024, whereby, his physical custody was granted to the police in case FIR No715/2024 dated 28.11.2024 under Sections 7 ATA, 9(2)(4) CNSA, 186, 353, 427, 506 II, 382, 411 and 279 PPC, Police Station, Margalla, Islamabad.
During the hearing, the petitioner’s counsel contended that the impugned order is without reasons. He submitted that the request for physical remand was made on the basis of alleged sale and purchase of the narcotic substance, whereas, the FIR/case does not have such allegations.
He contended that even otherwise, the remand order is not in consonance with the law laid down by the superior courts.
After hearing the arguments, the IHC bench suspended the ATC order and issued notice to the respondent for 02.12.2024. It added the impugned order is suspended; consequently, the petitioner shall be regarded in judicial custody.
Meanwhile, the Supreme Court Bar Association (SCBA) strongly denounce the FIR registered against the senior journalist, Matiullah Jan.
SCBA chief Mian Muhammad Rauf Atta in a statement said that they stand for the rule of law, safeguarding fundamental rights, and protecting human rights as provided in the Constitution. The charges included in the FIR appear to be frivolous, baseless, and motivated.
He stated that this association reaffirms its strong commitment to freedom of speech, movement, assembly, and the press. We assert that our judicial system has failed to protect the basic fundamental rights of its citizens. A classic example of this judicial failure is the decision to place Matiullah in physical remand for two days, despite the lack of substantial evidence against him.
We call for the immediate release of Matiullah Jan and urge all judicial stakeholders to take note and play their part in stopping the blatant violation of the rule of law. It is essential to protect the fundamental human rights to which every citizen is entitled and which our nation holds dear.
Copyright Business Recorder, 2024
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