KARACHI: The Sindh High Court on Tuesday dismissed the bail application of Pashtun Tahaffuz Movement (PTM) leader MNA Ali Wazir in a case pertaining to the alleged use of provocative language against state institutions.
The lawmaker had been arrested in December last year for allegedly using defamatory and provocative language against state institutions during a rally in Karachi’s Sohrab Goth.
The applicant’s counsel said Wazir was falsely implicated in the case due to political motives, and no case of terrorism was made out against him. The counsel said the content of Wazir’s speech does not reveal any offence being committed by him and the ingredients of the sections under which he is charged have not been made out, as the translation of the speech is dubious and inaccurate.
After hearing the arguments, an SHC division bench comprising Chief Justice Ahmed Ali M Sheikh and Justice Omer Sial said it was not denied that a public gathering was held on December 6, 2020 in which the applicant delivered a speech.
The court said that on a tentative assessment of the speech that was on record, it was found that the applicant used uncouth, vulgar, obscene and uncivilised language against state institutions, apart from language and words that might have the potential of creating disharmony and inciting provincial differences.
The bench said it is incumbent upon all persons and institutions of Pakistan to ensure the stability and security of the country and not to incite feelings that have the potential to lead to the contrary.
The court said healthy and constructive criticism against any person or institution expressed in a civilised manner should be permissible, but a distinction must be drawn between criticism and spewing venom through uncouth language.
The bench said the applicant cannot be permitted to say things on the basis of freedom of expression when its effect can be to destabilise the country. The court said the applicant’s statement recorded under Section 161 reflects that he owns up to the speech he made and stands by the claim that he has done nothing wrong.
The bench said if he had said what he is alleged to have said and if his words amount to an offence under the penal code, that is for the trial court to determine after evidence is recorded.
The court said the veracity of the arguments of the applicant’s counsel that the translation made by the police officer was the same as that made by the University of Peshawar was also an issue that required deeper appreciation of evidence that could not be embarked upon by the court in the application.
The bench said the applicant indeed has a case to answer and, therefore, the bail application is dismissed. The court directed the trial court to endeavour to conclude the trial within six months and submit a compliance report through the member inspection team.
The trial court had earlier denied bail to the lawmaker, observing that the content of his speech prima facie connected him to incitement of hatred and attempts to cause disaffection towards state institutions.
