Orya Maqbool Jan released from Lahore’s Camp Jail on post-arrest bail in hate speech case

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Anchorperson Orya Maqbool Jan was released on Thursday from Lahore’s Camp Jail after he was granted post-arrest bail a day ago in a cybercrime case pertaining to alleged hate speech against the former top judge of the country regarding the Mubarak Sani case.

On February 6, a two-judge Supreme Court bench, led by former chief justice of Pakistan (CJP) Qazi Faez Isa, overturned the conviction of Sani, who was accused of an offence in 2019 under the Punjab Holy Quran (Printing and Recording) (Amendment) Act.

In its judgement, the court noted that the offence that the defendant had been accused of was not criminalised till 2021. Consequently, the apex court set aside the conviction and ordered the immediate release of the petitioner.

This led to what the government and the legal community termed a “malicious and slanderous campaign” against the CJP, even prompting the Supreme Court to issue a clarification.

Jan was arrested by the FIA’s cybercrime wing and detained in its Gulberg office in Lahore on August 22 for his social media posts related to the case, his lawyer Mian Ali Ashfaq had confirmed, adding that he would be presented in court later that same day.

In September, Jan’s post-arrest bail petition was dismissed by Additional District & Sessions Judge Rafaqat Ali Qamar after hearing arguments by Ashfaq.

Jan was granted post-arrest bail a day ago by Lahore High Court Justice Ali Zia Bajwa. The court order, a copy of which is available with Dawn.com, said that as per the allegations in the crime report, Jan was involved in “a highly offensive and intimidating campaign, deliberately and publicly targeting state institutions, including the judiciary of Pakistan, with statements the accused knows to be false”.

It said the crime report did not contain the exact time and date of the offence and Jan himself was not summoned to an inquiry to present his case. This “constitutes a glaring violation of the principle of natural justice”, the order reads.

Furthermore, the judge observed that the investigation record neither mentioned where mobile phones seized from Jan were stored and under whose custody, raising concerns about the chain of evidence.

“The learned law officer and the investigating officer have candidly conceded that the chain of custody is not substantiated by the record,” the order reads. “The evidentiary value of the forensic report on the recovered mobile phones, given the compromised chain of custody, shall be determined by the trial court after recording evidence.”

Additionally, the judge noted that because Jan’s X account did not glorify a terrorist organisation or a convicted individual, the application of Section 10 (cyber terrorism) of the Prevention of Electronic Crimes Act remained a matter for further inquiry.

“The petitioner, a previous non-convict, has remained in custody since his arrest and is no longer required for further investigation,” the order reads.

“Detaining him indefinitely would serve no useful purpose,” it added, with bail set at Rs200,000.

The anchorperson was released from Camp Jail today. The PTI posted a video on X of Jan exiting jail and being showered with flowers by supporters.