Court grants post-arrest bail to podcast host Rehan Tariq in blasphemy case

LAHORE: A sessions court on Tuesday granted post-arrest bail to podcast host Rehan Tariq in a case registered under the blasphemy laws and the Prevention of Electronic Crimes Act, 2016 (Peca).

The National Cyber Crime Investigation Agency (NCCIA) had registered the case and arrested the YouTuber at Lahore’s international airport upon his arrival from abroad.

Advocate Mian Dawood, representing the petitioner, argued that the prosecution had failed to produce any evidence linking his client to the alleged social media uploads.

He argued that conducting an interview and asking questions on historical or religious matters was a constitutionally protected journalistic function.

The counsel further said the FIR did not specify which questions were allegedly objectionable.

He also submitted that opinions obtained from prominent religious scholars stated that the questions did not amount to disrespecting any revered Islamic personality.

The counsel argued that the petitioner was entitled to bail because the prosecution had allegedly failed to comply with the requirements of Section 196 of the Criminal Procedure Code.

He pointed out that the offences fell within the non-prohibitory clause, the investigation had been completed, no further recovery was required and the case warrants further inquiry.

Opposing the bail plea, NCCIA SHO Najam Bajwa contended before the court that the podcaster had deliberately asked controversial questions in a manner that could provoke religious and sectarian discord.

He admitted that the religious scholar who was the guest on the podcast had not been nominated in the FIR.

Bajwa prayed the court to reject the bail application.

After hearing detailed arguments from both sides, Additional District and Sessions Judge Nusrat Ali Siddiqi allowed the bail petition, subject to the furnishing of surety bonds worth Rs100,000.

Earlier, a judicial magistrate had denied post-arrest bail to Tariq, observing that no case for the extraordinary concession of bail had been made out.

The NCCIA registered the FIR against Tariq under Peca’s Section 11 (hate speech), as well as the Section 153-A (spreading hate or promoting enmity between different groups), Section 295-A (outraging religious feelings) and Section 298 (uttering words or making gestures with the deliberate intent to wound religious feelings) of the Pakistan Penal Code.

The FIR, registered on June 25, said the Youtuber conducted a podcast with a religious scholar and discussed highly sensitive and controversial sectarian issues, provoking controversy among followers of different sects.

Earlier this month, the magistrate granted the NCCIA a six-day physical remand of the podcast host upon the request of the investigating officer.

In May, the NCCIA arrested 11 social media activists in different cities of Punjab for allegedly spreading “anti-state propaganda and inciting unrest” among the public. ...