IHC suspends journalist Matiullah Jan’s physical remand in narcotics case

The Islamabad High Court (IHC) on Friday suspended the two-day physical remand of senior journalist Matiullah Jan in a terrorism and narcotics case that was widely derided as being “bogus” on “trumped up charges” amid demands for his release.

Jan was booked in the case on Thursday after reportedly being detained in Islamabad on Wednesday night. His son said “unknown individuals” had abducted the journalist, before authorities confirmed filing a first information report (FIR) on Thursday.

Later in the day, Jan was presented in the Rawalpindi Anti-Terrorism Court (ATC) where Judge Tahir Abbas Sipra granted the police Jan’s two-day physical remand, denying their request for a 30-day custody.

Today, IHC Chief Justice Aamer Farooq and Justice Arbab Muhammad Tahir took up a petition filed by Jan’s counsels in the morning.

Advocates Imaan Zainab Mazari-Hazir and Hadi Ali Chattha appeared before the court today as Jan’s lawyers.

In a post on X, Imaan had said she has requested for the petition to be fixed for hearing today considering the “urgency of the matter”.

Imaan said a bail petition for Jan would also be filed today. IHC Bar Association (IHCBA) President Riasat Ali Azad was present during the hearing as well.

At the outset of the hearing, the ATC’s order was read out on the court’s directives.

“Matiullah Jan was arrested in a false and fabricated case,” Imaan contended before the court.

“We request that the hearing on the petition against his physical remand be held today. If it is held tomorrow or on Monday it will be useless.”

Meanwhile, IHCBA’s Azad told the court that an affidavit by Saqib Bashir, another journalist briefly detained yesterday, was available.

“This case is a baseless story based on lies,” Azad said. The court removed the objections to the petition.

During the hearing, the IHCBA president pointed out that the FIR against the journalist “had no mention of buying or selling [narcotics]”.

Subsequently, the judges ordered the suspension of Jan’s physical remand and that he be sent on judicial remand.

Amid reports of Jan’s arrest a day ago, rights bodies and the journalism fraternity voiced their concerns and demanded his release.

Human rights organisation Amnesty International said Jan’s “arbitrary detention” on “trumped up charges” was “an affront on the right to freedom of expression and media freedom”.

The Committee to Protect Journalists (CPJ) expressed grave alarm over “reports of the abduction” of Jan, noting it followed “his coverage of protests by supporters of imprisoned former prime minister Imran Khan”.

The FIR

On Thursday, Jan’s son Abdul Razzaq alleged his father was abducted from the parking lot of Pakistan Institute of Medical Sciences (Pims) the night before by unknown individuals.

However, it later emerged that the anchor had been booked in a terrorism case, which also included charges of possessing narcotics. The FIR, a copy of which is available with Dawn.com, was filed by the Margalla police on the complaint of Superintendent of Police Asif Ali.

The FIR claimed that Jan was found possessing 246 grams of narcotic methamphetamine (crystal meth) when his vehicle was stopped at E-9 in the federal capital.

The case was registered at 3:20am on Thursday, nearly an hour after the alleged incident took place.

The provision invoked from the Control of Narcotic Substances Act (CNSA) 1997 is Section 9(2)4, which specifies the punishment for possessing or trafficking “more than 100g and up to 500g” of psychotropic substance.

The FIR also invoked Sections 7 of the Anti-Terrorism Act (ATA) 1997 as well as Sections 186 (obstructing public servant), 279 (Rash driving or riding on a public way), 353 (assault or criminal force to deter public servant from discharge of his duty), 382 (theft after preparation made for causing death, hurt or restraint), 411 (dishonestly receiving stolen property), 427 (mischief causing damage to the amount of Rs50) and 506ii (threat to cause death or grievous hurt) of the Pakistan Penal Code.

According to the FIR, a white Toyota Yaris car was rapidly moving towards Islamabad’s F-10, when it was signalled to stop at a checkpost at E-9. However, the driver, who the FIR said later identified himself as Jan, “rammed the vehicle with the intention to hit the workers, injuring Constable Mudassir.

The FIR added that when the vehicle managed to stop due to a barrier, the driver stepped out of the car and “assaulted” the constable, then snatched his SMG rifle and pointed it back at the cop. When the police recovered the rifle, the complaint said, the driver was inquired about his identity, which he revealed as Matiullah Jan.

Upon a cursory look, Jan was found under the influence of a narcotic, the FIR alleged. It further claimed that a check of Jan’s car was conducted, during which a bag containing “white ice” (crystal meth) was found from under the driver’s seat.

The substance was then weighed on an electronic scale and a sample of 1g was taken from the 246g for chemical examination, it added. The FIR stated that Jan’s car was taken into police custody.