PTM's Manzoor Pashteen granted bail in another 3 sedition cases

[ghazi52]

PTM's Manzoor Pashteen granted bail in another 3 sedition cases

February 15, 2020

Pashtun Tahaffuz Movement (PTM) chief Manzoor Pashteen pictured during his arrest on January 27.


A sessions court in Khyber Pakhtunkhwa's Tank district on Saturday granted bail to Pashtun Tahaffuz Movement (PTM) chief Manzoor Pashteen in two cases of sedition while he was also granted bail in a similar case by a Dera Ismail Khan court, PTM lawyers confirmed.

Pashteen's bail applications in two other cases — also pertaining to sedition — were approved by the DI Khan court last Saturday.

MNA and PTM's senior leader Mohsin Dawar also confirmed the development, saying Pashteen will be released from jail once legal formalities are completed.

Pashteen was arrested on January 27 in Peshawar's Shaheen Town and sent to Peshawar Central Jail on a 14-day judicial remand by a magistrate.

A day after his arrest, a Peshawar court had rejected the PTM leader's bail plea and ordered his transfer to DI Khan, where he is currently imprisoned.

Dawar told DawnNewsTV that police had registered five cases against Pashteen prior to his arrest in Peshawar, adding that the DI Khan court had accepted his bail applications in three cases.

The additional district and sessions judge Tank granted the PTM leader bail against two personal sureties and a surety bond worth Rs100,000, PTM lawyer Farhad Afridi told DawnNewsTV.

“We are trying to complete the legal formalities as soon as possible,” he said, adding that if they are unable to complete the legal procedure today then Pashteen will be released on Monday.

The lawyer added that the PTM is holding a public gathering tomorrow and if Pashteen is released today, he will "definitely join the jalsa".

Initially, Pashteen was arrested in a case registered against him at DI Khan's City Police Station under sections 506 (punishment for criminal intimidation), 153-A (promoting enmity between different groups), 120-B (punishment of criminal conspiracy), 124 (sedition), and 123-A (condemning the creation of the country and advocating the abolishment of its sovereignty) of the Pakistan Penal Code.

According to one FIR registered on January 18, a copy of which is available with Dawn.com, Pashteen and other PTM leaders had attended a gathering that day in Dera Ismail Khan where the PTM chief had allegedly said that the 1973 Constitution violated basic human rights.

The FIR added that Pashteen also made derogatory remarks about the state.

 

[waz]

Granted bail on everything, the local courts are just inept.

 

[PurAzamBaHadaf]

And then we wonder why our country is being destroyed. Because the courts are our worst enemies

 

[Pakistan Ka Beta]

Pakistani courts are a Joke. Shame on them .

 

[R Wing]

Granted bail on everything, the local courts are just inept.

Of course they are --- as are all others institutions.

And then we wonder why our country is being destroyed. Because the courts are our worst enemies

The courts, like all other institutions, are a reflection of where we stand as a people and society. Also, it's impossible to comment on the bail procedure without knowing the full LAW (which needs to be changed) which applies to the granting of bail.

Pakistani courts are a Joke. Shame on them .

The country is essentially a joke --- it has immense potential but has been bogged down with mediocrity across the spectrum since Ayub left. Why would the courts be any different? They can't be manned by aliens.

 

[YeBeWarned]

another Afghani Son of Soil granted bail , why i am not surprised ?

 

[gangsta_rap]

I really hate how back home people churn out V signs after getting bail or out of jail.
Being convicted in the first place is a mark of shame not fucking victory

 

[ghazi52]

'This is Pakistan, not India,' says IHC chief justice after cases against AWP, PTM protesters dropped

February 17, 2020

"After the statement of the Islamabad administration, all petitions have become ineffective," said Chief Justice Athar Minallah. Dawn/File

The Islamabad High Court (IHC) on Monday wrapped up the bail petitions of 23 workers of the Pashtun Tahaffuz Movement (PTM) and Awami Workers Party (AWP), who were arrested by the Islamabad police last month while protesting against the arrest of PTM chief Manzoor Pashteen

As IHC Chief Justice Athar Minallah resumed the hearing of bail petitions filed by the 23 protesters, Islamabad Deputy Commissioner Hamza Shafqaat told the court that all charges against the protesters had been dropped.

On the basis of the deputy commissioner's statement, the IHC wrapped up the bail petitions of the protesters.

"After the statement of the Islamabad administration, all petitions have become ineffective," said Chief Justice Minallah.

On February 2, the court was told that Section 124-A (related to sedition) had been deleted, but Section 7 of the Anti-Terrorism Act (ATA), 1997 had been inserted in the First Information Report (FIR) against the protesters.

Following this, the IHC on Tuesday had sought an explanation from a magistrate for invoking sedition charges against those who were taken into custody during the protest.

During today's proceedings, the IHC chief justice said: "We don't expect that a democratic government will curb freedom of expression."

"An elected democratic government cannot place curbs on freedom of expression. [We] shouldn't fear criticism," he remarked.

"The constitutional courts will protect the constitutional rights of the people.

"Everyone's constitutional rights will be protected. This is Pakistan, not India," Justice Minallah said.

"If you want to protest, get permission. If you don't get permission, the court is here," he said.

Islamabad Advocate General Tariq Mehmood Jahangir said that the country had been fighting terrorism for 20 years and the "secret agenda" of the protesters was worrisome.

"No one should say anything against the state," he said, adding that a written order against those who speak against the state or make hate speeches should also be issued.

Justice Minallah remarked that neither the state nor its institutions were "so weak" that mere words would have any impact.

The IHC chief justice noted that the current government had itself challenged Section 144 of the Criminal Procedure Code — a law concerning the maintenance of public order — when President Arif Alvi had challenged it in 2014.

" hope that they will not take away rights," he added. "The country is a democracy, let the Parliament decide."

Later, AWP activist Ammar Rashid, one of the protesters who had been arrested, took to Twitter to share that the state had withdrawn the FIR and all charges against them.


Ammar Rashid ☭@AmmarRashidT
https://twitter.com/AmmarRashidT/status/1229305262856642560

The state has withdrawn the FIR and all charges against us. Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalization of dissent, peaceful protest & freedom of expression in our country.



403
2:23 AM - Feb 17, 2020
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"Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalisation of dissent, peaceful protest & freedom of expression in our country," he added.

 

[-blitzkrieg-]

This was as per design..
PTM has received a huge setback..They werent able to gather a few hundred people to protest his arrest.This proves they are on a retreat at the moment. however they might make a comeback..

All Pakistanis should start wearing their red and black hat I will wear it..
Make the trend mainstream so it loses the original reason it was brought in market for i.e.to promote pashtun secessionist flag colors and association to Manzur Pashteen.

Counter their argument with a discourse.They will be flabbergasted once you show them what their level of understanding of things is.
A few days back one of them told me Mughals were Punjabi/Muhajir and not pashtun. I then asked him who was Sher Shah Suri? and he was clueless...Another one in balckmail tone said Swat can ask for its own state like it used to be, told him Swat was a semi autonomous state and a local revolt of its own people diminished it.
These folks are village dwellers and dont know much, pretty much like Fazlu's followers..

 

[Areesh]

Just a matter of days and he would be out like a hero and a "great revolutionary"

Why put him in the jail only to make him a hero???

 

[Jungibaaz]

Ridiculous that they were arrested in the first place. And if you are going to arrest based on sedition, you need evidence and a case to be presented. Instead they dropped sedition charges and changed to ludicrously using anti-terror legislation:

The Islamabad High Court (IHC) on Monday wrapped up the bail petitions of 23 workers of the Pashtun Tahaffuz Movement (PTM) and Awami Workers Party (AWP), who were arrested by the Islamabad police last month while protesting against the arrest of PTM chief Manzoor Pashteen

.....
On February 2, the court was told that Section 124-A (related to sedition) had been deleted, but Section 7 of the Anti-Terrorism Act (ATA), 1997 had been inserted in the First Information Report (FIR) against the protesters.

Following this, the IHC on Tuesday had sought an explanation from a magistrate for invoking sedition charges against those who were taken into custody during the protest.

During today's proceedings, the IHC chief justice said: "We don't expect that a democratic government will curb freedom of expression."

"An elected democratic government cannot place curbs on freedom of expression. [We] shouldn't fear criticism," he remarked.

"The constitutional courts will protect the constitutional rights of the people.

"Everyone's constitutional rights will be protected. This is Pakistan, not India," Justice Minallah said.

"If you want to protest, get permission. If you don't get permission, the court is here," he said.

Islamabad Advocate General Tariq Mehmood Jahangir said that the country had been fighting terrorism for 20 years and the "secret agenda" of the protesters was worrisome.

"No one should say anything against the state," he said, adding that a written order against those who speak against the state or make hate speeches should also be issued.

Justice Minallah remarked that neither the state nor its institutions were "so weak" that mere words would have any impact.

The IHC chief justice noted that the current government had itself challenged Section 144 of the Criminal Procedure Code — a law concerning the maintenance of public order — when President Arif Alvi had challenged it in 2014.

" hope that they will not take away rights," he added. "The country is a democracy, let the Parliament decide."

Later, AWP activist Ammar Rashid, one of the protesters who had been arrested, took to Twitter to share that the state had withdrawn the FIR and all charges against them.


Ammar Rashid ☭@AmmarRashidT

The state has withdrawn the FIR and all charges against us. Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalization of dissent, peaceful protest & freedom of expression in our country.



403
2:23 AM - Feb 17, 2020
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117 people are talking about this

"Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalisation of dissent, peaceful protest & freedom of expression in our country," he added.

Islamabad Advocate General Tariq Mehmood Jahangir said:
"No one should say anything against the state,".

WTF? Are we living in a democracy or a despotic regime like North Korea.

 

[Areesh]

Ridiculous that they were arrested in the first place. And if you are going to arrest based on sedition, you need evidence and a case to be presented. Instead they dropped sedition charges and changed to ludicrously using anti-terror legislation:

there is enough evidence where Manzoor gashteen and his friends have done hate speech and gave death threats to Pakistani soldiers but guess that is not enough for you to condemn them at least

Hate speech is fine if it isn't done based on religion for you guys

WTF? Are we living in a democracy or a despotic regime like North Korea.

Inciting people to violence against state and disintegrate it isn't allowed under any democracy

 

[Mrc]

Incitement to violence and racism is not covered by freedom of speech any where in world infact will put you away for good in west and USA who are beacons of free speech

 

[Jungibaaz]

there is enough evidence where Manzoor gashteen and his friends have done hate speech and gave death threats to Pakistani soldiers but guess that is not enough for you to condemn them at least

Hate speech is fine if it isn't done based on religion for you guys

Please convey this message to the advocate general and ask why sedition charge was dropped and why they are so woeful at building a case against those who, you have already deemed, are guilty.

In other democracies, they wouldn’t be charged with sedition for speech. And protestors wouldn’t be imprisoned and charged with sedition and/or terror for demonstrating against detention.

I can walk a short way from where I am right now, to Hyde Park Speakers’ corner, and loudly proclaim FAR more provocative anti-state rhetoric than this. I won’t have my voice silenced, let alone be detained and charged.

That’s because I’m currently in an actual functioning democracy and not a hybrid facade.

Inciting people to violence against state and disintegrate it isn't allowed under any democracy

This is not what the advocate general has said, his mantra is “No one should say anything against the state”. This is completely unconstitutional.

Incitement to violence and racism is not covered by freedom of speech any where in world infact will put you away for good in west and USA who are beacons of free speech

These protestors were protesting the detention of Pashteen. And they were arrested on sedition for their protest, nothing else.

Protesting another person’s detention is not incitement to violence. It’s basic free speech and freedom of assembly protected by every constitution in any democratic state in the world including the constitution of Pakistan.

This is ludicrous, and it’s easy to see why courts have no choice but to dismiss this unconstitutional detention.

 

[El Sidd]

What happened to the foreign funding cases on these?

Oh never mind PTI also faces the same cases. Now i know, naive of me to ask.