Case Update Status

Zafar got released by the Peshawar High Court on August 31, 2023.

Summary of Case

"Daily Mashriq’s senior correspondent Fayyaz Zafar was arrested on August 30 under section Maintenance Public Order (3-MPO) for exploiting the law of freedom of speech by the local police officials in Swat and was released on August 31. Zafar was released on the complaint of Deputy Commissioner Swat, Irfan Ullah Khan for spreading hate content on social media against governmental institutes, Zafar was released after the cancellation orders by the DC on August 31. Daily Mashriq’s senior correspondent Fayyaz Zafar was arrested by the Swat police on August 30, 2023, under sections 3-MPO for violating and exploiting the phrase of freedom of speech in Swat, Zafar was arrested when he was traveling from his office toward his residence by the local police of Swat and took him to the Deputy Commissioner Irfan Ullah Khan's office where he was physically tortured by the officials, after which he was shifted in district City Shareef Jail in the night of August 30. According to the MPO order stating that Zafar violated and exploited the freedom of speech and spread hatred towards governmental institutes through his posts and news articles, the letter was registered by the Swat DC, Irfan Ullah Khan on August 30. Legal representative of Zafar, Atta Ullah Jan told Pakistan Press Foundation (PPF) that Zafar was physically tortured by police in the DC’s office yesterday night and was arrested under section 3-MPO for violating the peace and exploiting freedom of speech within the city. “Zafar is a senior journalist and he is patient, walks with the help of a stick, and was physically tortured by police, he is not a member of any political party he writes and speaks for the rights of people and has a strong critique towards the government” Jan added. “We will file a writ petition in Peshawar High Court Mingora Bench tomorrow as today I am completing the documentation work in the court” He added. According to Radio Pakistan, Caretaker Information and Broadcasting Minister Murtaza Solangi had taken notice of the arrest of Zafar and advised them to investigate the incident and firmly monitor the case of Zafar. In charge of Daily Mashriq Khyber Pakhtunkhwa, Javed Khan shared that Zafar was arrested for his recent reporting against police officials but he was not affiliated with any political party and now he is in detention by Swat police. Speaking to PPF, Swat Press Club General Secretary and Mashriq TV’s correspondent Niyaz Khan shared that due to continuous reporting against the police department in Daily Mashriq and on his social media account Zafar got arrested, detained, and physically tortured by the police officials over fake charges of violating the law in the City. Moreover, he said that near Nishat Chowk, the Swat Bar Association protested against hikes in utility bills, Zafar also addressed the protest and criticized the Deputy Commissioner of Swat for the poor performance in the city but Zafar was not in coverage in the protest. Khyber Union of Journalists has strongly condemned the arrest of Zafar and declared his arrest an attack on freedom of expression, in the joint statement of Khyber Union of Journalists, President Nasir Hussain, Senior Vice President Imran Ayaz, Vice President Abdul Baseer, General Secretary Imran Yousufzai, Joint secretary Irshad Ali, Finance Secretary Irshad Ali and other duty bearers said that arrest and torture of Zafar in the DC’s office is highly condemnable act and confirmed that Zafar is not a member of any political part however his arrest under section 3-MPO is not acceptable. Khyber Union of Journalists has demanded Inspector General Police Swat, Caretaker Minister Muhammad Azam Khan, and Caretaker Prime Minister Anwar Ul Haq Kakar to take action in this matter and release the journalist immediately. According to The News, Senator Mushtaq Ahmed had also condemned the arrest of Zafar and shared that Zafar was the voice of Swat’s people and recently he raised his voice on the harassment case of Swat’s university. "

Category of Incident

Arrest

ICCS Status

ICCS Divisions: 0803-Acts related to freedom of expression or control of expression

ICCS Group: 08039-Other acts related to freedom of expression or control of expression

ICCS Class: N/A

ICCS Crime: Acts against liberty

Reported By

ARY News

Date of incident

30

Month

August

Year

2023

Name of affected person

Fayyaz Zafar

Other affected persons

Not other person affected

Name of affected organization

Daily Mashriq

Other affected organizations

No other organization was affected

Action by

By the Deputy Commissioner Swat, Irfan Ullah Khan

City

Swat

Province

KP

Designation

Reporter

Professional category

Reporter

Age of victim

42

Marital Status

Compensation Details

Amount of compensation announced by government: No compensation announced

Date of compensation announcement by government: No compensation announced

Date of compensation paid by government: No compensation announced

Amount of compensation announced by others: No compensation announced

Date of compensation announced by others: No compensation announced

Date compensation paid by others: No compensation announced

FIR Details

Was FIR registered ?: Yes

Date of FIR: 30/08/2023

FIR Details: MPO Number: 953

Police station of FIR: City Police Station, District Saidu Shareef.

Name of complainant: Irfan Ullah Khan

Name of accused in FIR: Fayyaz Zafar

Court Details

Was case investigated ?: Yes

Court where case was presented: Peshawar High Court, Mingora Bench

Name of prosecuting lawyer: Atta Ullah Jan

Date of first court hearing: 31/08/2023

Date of last court hearing: 31/08/2023

Status of court case: Peshawar High court released Zafar on August 31, 2023.

Journalist Union Status

PFUJ

"Khyber Union of Journalists has strongly condemned the arrest of Zafar and declared his arrest an attack on freedom of expression, in the joint statement of Khyber Union of Journalists, President Nasir Hussain, Senior Vice President Imran Ayaz, Vice President Abdul Baseer, General Secretary Imran Yousufzai, Joint secretary Irshad Ali, Finance Secretary Irshad Ali and other duty bearers said that arrest and torture of Zafar in the DC’s office is highly condemnable act and confirmed that Zafar is not a member of any political part however his arrest under section 3-MPO is not acceptable. Khyber Union of Journalists has demanded Inspector General Police Swat, Caretaker Minister Muhammad Azam Khan, and Caretaker Prime Minister Anwar Ul Haq Kakar to take action in this matter and release the journalist immediately. "

APNS

CPNE

PBA

Media Source Status

Media reports:

Condemn Status

Colleague of victim

Legal representative of Zafar, Atta Ullah Jan told Pakistan Press Foundation (PPF) that Zafar was physically tortured by police in the DC’s office yesterday night and was arrested under section 3-MPO for violating the peace and exploiting freedom of speech within the city.

Employer organization

In charge of Daily Mashriq Khyber Pakhtunkhwa, Javed Khan shared that Zafar was arrested for his recent reporting against police officials but he was not affiliated with any political party and now he is in detention by Swat police.

Press Club Status

Press club 1: "Speaking to PPF, Swat Press Club General Secretary and Mashriq TV’s correspondent Niyaz Khan shared that due to continuous reporting against the police department in Daily Mashriq and on his social media account Zafar got arrested, detained, and physically tortured by the police officials over fake charges of violating the law in the City. Moreover, he said that near Nishat Chowk, the Swat Bar Association protested against hikes in utility bills, Zafar also addressed the protest and criticized the Deputy Commissioner of Swat for the poor performance in the city but Zafar was not in coverage in the protest. "

Press club 2:

Press club 3: