A court in Karachi remanded journalist Farhan Mallick into the Federal Investigation Agency’s (FIA) custody for five days on Wednesday in a new case involving fraud.
Journalist Waheed Murad was produced before an Islamabad court by the Federal Investigation Agency (FIA) on Wednesday and was subsequently remanded in its two-day physical custody under the country’s cybercrime laws for posting “intimidating content” online.
Journalist Shakir Mehmood Awan, who was allegedly abducted from his home by law enforcement personnel earlier this week, was released in the wee hours of Sunday and returned home.
Syed Mohammed Askari, a senior reporter for Daily Jang, has returned home a day after he went missing in Karachi, his colleague said on Monday.
Investigative journalist Ahmad Noorani’s mother petitioned the Islamabad High Court on Wednesday for the recovery of his two brothers, who, according to the plea, were “forcibly disappeared” over his reporting.
The US-based Noorani, who works for a news outlet called FactFocus, recently published an investigative report regarding a serving high-ranking military official and his relatives.
According to the first information report (FIR) against Farhan Mallick , the FIA conducted a raid on a call centre in Gulshan-i-Iqbal on March 25, arresting two suspects Atir Hussain and Hassan Najeeb in the process.
The FIR stated that the call centre was involved in fraudulent activities, including giving confidential data to foreigners through a software.
Additionally, the suspects confessed to working for Mallick, according to the FIR.
Mallick, the founder of media agency Raftar and a former news director at Samaa TV, was arrested on March 20 in Karachi and booked under the Prevention of Electronic Crimes Act (Peca) as well as the Pakistan Penal Code. The next day, he was handed into the Federal Investigation Agency’s (FIA) custody for four days.
Meanwhile, Lawyer Abdul Moiz Jaferii, who is representing Mallick, condemned the new case. He said: “After keeping him in custody in violation of court orders all of yesterday, the FIA sprung a surprise by presenting @FarhanGMallick in the Malir court with a new FIR.”
“What they are trying to do is waste more days of his life,” Jaferii told Dawn.com. “It will probably take up five more days in clearing this process [the fresh case],” he added.
Earlier, Mallick was booked by the FIA under sections 16 (unauthorised use of identity information), 20 (offences against dignity of a natural person) and 26-A of Peca 2016]2, as well as sections 500 (punishment for defamation) and 109 (abetment) of the Pakistan Penal Code (PPC).
Notably, Section 26A is among the provisions recently added to the Peca laws, wherein fake news is defined as any information about which a person “knows or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest”.
Any person found guilty of spreading such information could be sentenced to up to three years in prison or fined up to Rs2 million, or both.
The criminalisation of alleged online disinformation has spread fear in Pakistan, with journalists among those worried about the potentially wide reach of the law.
Journalist Waheed Murad was produced before an Islamabad court by the Federal Investigation Agency (FIA) on Wednesday and was subsequently remanded in its two-day physical custody under the country’s cybercrime laws for posting “intimidating content” online.
His family had earlier filed a petition before the Islamabad High Court (IHC) for his recovery, saying that he was “forcibly disappeared by unknown” individuals from his house in the federal capital. The petition, a copy of which is available with Dawn.com, was filed by Murad’s mother-in-law Abida Nawaz through lawyers Imaan Zainab Mazari-Hazir and Hadi Ali Chattha.
Abida claimed the journalist was “forcibly disappeared from his home in Sector G-8, Islamabad at around 2:05am by unknown officials presumably belonging to intelligence agencies, and accompanied by persons in black uniforms and two police double cabin vehicles”.
She described herself as an “eyewitness to the enforced disappearance [of Murad], and was also herself manhandled by the abductors who also took away her phone”.
The state, the defence ministry, the Islamabad police chief and the Karachi Company police’s station house officer were listed as respondents in the case.
The petition urged the IHC to direct the respondents to “immediately trace and produce” Murad before the court.
It pleaded that the court also order the respondents to “identify and investigate those responsible, directly or indirectly, for abducting and illegally detaining” the journalist, as well as to disclose information on any cases filed against him.
The petition also requested that the authorities provide the counsel and family access to Murad. It further urged the IHC to direct the respondents to disclose any charges against the journalist and where he was being kept.
The petition highlighted that Murad had raised his voice about the recent alleged enforced disappearance of US-based journalist Ahmad Noorani’s two brothers.
“The pattern of his abduction was the same as in the past,” Mazari told AFP. “The abductors, their modus operandi, and the way they stormed the house in the dead of night make it clear who they are.”
It later emerged that a first information report (FIR) was filed against the journalist by the FIA’s Cyber Crime Reporting Centre under Sections 9 (glorification of an offence), 10 (cyber-terrorism), 20 (malicious code) and 26A (punishment for false and fake information) of the Prevention of Electronic Crimes Act (Peca), 2016.
It said Murad was “found sharing highly intimidating content” on social media platforms through which he had “knowingly disseminated/propagated, fake, false, misleading and misinterpreted information leading to hatred against the government functionaries”.
The FIR quoted one of his recent social media posts regarding the issues in Balochistan. It also said that he had shared a FactFocus report by journalist Ahmad Noorani, “in which the pictures of the family members of the chief of army staff were shared publicly along with highly intimidating remarks, violating their privacy”.
Urdu News, the outlet for which Murad works, reported on the incident as well. According to Urdu News, Murad has previously also worked at News One and daily Ausaf, as well as runs a news website Pakistan24.
The incident comes a week after Noorani’s mother, Amina Bashir, filed a plea with the IHC for the recovery of his brothers, saying they were “forcibly disappeared” from their Islamabad home at 1:05am by “unknown officials ostensibly belonging” to the country’s intelligence agencies.
It also follows the arrest of senior journalist Farhan Mallick in two separate cases, one of which includes sections of the Peca law and accuses him of sharing “anti-state” content
Murad was presented today in the court of Judicial Magistrate Abbas Shah. “I have not been tortured,” Murad said while responding to a question from a reporter.
He said he had asked the people who had arrived at his home last night to identify themselves. “The police broke the door and entered the house,” Murad said, adding that his mother-in-law was a cancer patient who had come from Canada for treatment, but she was also allegedly beaten up.
“I was handed over to the FIA twenty minutes ago,” he said regarding today’s court appearance.
Chattha requested that Murad’s legal team be permitted to see the FIR against him. Mazari said the duo had filed a habeas corpus petition as well for the journalist.
The judge asked about the time of the journalist’s arrest, in response to which the FIA representatives present in court said he was taken into custody last night. They said Murad had made posts about Balochistan and the banned Balochistan Liberation Army group, adding that his social media accounts needed to be investigated and his cell phone needed to be recovered as well.
The FIA requested the court to grant a 10-day physical remand for Murad. In response, Mazari questioned why his remand was needed as he was a journalist. She also asked whether the FIA had sent a prior notice to the journalist.
“Journalism has become a crime in this country,” Murad’s lawyer, Chattha, said during the hearing. “If no crime has been committed, the court can discharge and also make a judicial [remand]. Journalists are arrested so they can be harassed,” he added.
The judge subsequently granted the FIA Murad’s two-day physical remand.
Murad’s wife, Shinza Nawaz, told Dawn.com that the capital police were telling them “nothing about who picked up my husband”. She demanded that they should be told about her husband’s whereabouts and under what laws he was taken away.
On their side, the Islamabad police expressed a lack of knowledge about the incident.
Their spokesperson, Taqi Jawwad, told Dawn.com the police had “no information” about the late-night incident so far and would check for it.
In a post on X, Shinza pointed out that it had been more than 10 hours since her husband’s disappearance but neither was a first information report (FIR) filed yet nor was he presented before any court.
“What his family is currently going through is mental torture,” she lamented.
Abida told Independent Urdu that Murad even slipped his identity card under the door to show that he was not an Afghan national but was taken away by people who came “in a police vehicle and two Vigos”.
In a video statement, seen by Dawn.com, Abida recalled that the individuals identified themselves as policemen when they knocked on the door. She added she asked whether there were female law enforcers accompanying them, to which they replied in the negative.
Abida claimed the individuals threatened to break down the door if she did not open it, following which they barged in and took Murad with them. The woman said she asked for her mobile phone to be returned, highlighting that she had a heart problem.
“There were three vehicles outside and around 15-20 people. They showed no [arrest] warrant,” Abida claimed.
Shinza said she was currently in Canada while her mother was visiting Pakistan for medical treatment.
“The government picks up whoever it wants to. Whoever wishes breaks down someone’s door and takes them away in this country,” Shinza alleged while speaking to Dawn.com.
The journalist’s wife wondered why no arrest warrants were shown if it was a police raid, adding that the individuals had worn masks.
“Several masked men came and knocked the door, and asked my husband to open the door, saying he was an Afghan,” Shinza told Independent Urdu. She added that her mother woke up from her sleep as a result of the commotion.
According to Urdu News, Murad’s colleague Soban Raja witnessed the incident. In a video making rounds on social media, Soban said he received an alert about the episode and reached Murad’s house as he was nearby.
Soban reiterated the same details told by Abida about the three vehicles. He said he saw them taking away Murad, so he tried to record a video and pursue the cars, following which his motorcycle was hit and he was beaten up by the alleged abductors.
“They took away both my mobile phones and my bag, as well as broke down my motorbike, which is not starting now,” he said.
As reports of Murad’s disappearance spread on social media, rights activists and the media fraternity expressed their concern over the development.
The Human Rights Commission of Pakistan said in a post on X it was “alarmed by reports of the abduction” of Murad.
“Murad’s whereabouts remain unknown at present. We demand that he be traced and recovered safely and promptly and his abductors brought to book,” the HRCP stated.
Senior journalist Matiullah Jan, who months ago faced a widely criticised terrorism and narcotics case, said the government “needs to immediately clarify its position about the incident”.
“We strongly condemn his abduction/arrest as a blatant violation of free speech and fundamental rights,” he said on X.
Murad was “tough on those who try to tow an agenda for personal benefits at the cost of public interest”, Jan said in another post on X.
“He believes more in reasoning and logic on different issues than anything else. Over a period of time he has proved his journalistic credentials and integrity beyond doubt,” he added, praying for Murad’s safety.
Mubashir Zaidi, another senior journalist, noted he had known Murad “for many years”.
“He is an upright journalist and a gentleman. His abduction in Islamabad raises a serious concern,” he said on X, using the hashtags “journalism is not a crime” and “release Waheed Murad”.
Social activist and lawyer Jibran Nasir, who himself also faced a similar episode in June 2023, alleged on X: “The reason post abduction, citizens remain disappeared is because the cells and centres of [intelligence] agencies are considered beyond the jurisdiction of police and courts.
“Neither the police will ever dare raid these cells/centres to recover an abductee nor does [the] judiciary, despite all authority, possess the unity or courage to direct the police to do so,” he added.
“We are all expected to play a fool and pretend the abductee has gone missing when what’s really missing is rule of law and judicial courage,” the rights activist lamented.
Journalist Azaz Syed also reshared the family’s version, saying he met with Abida, who was “manhandled by people in black uniforms”.