What is the defamation case of the Nawabi family of Junagadh in which a Pakistani YouTuber was arrested?

 

What is the defamation case of the Nawabi family of Junagadh in which a Pakistani YouTuber was arrested?

 

In Pakistan, a YouTuber named Mudassar Khan was sent to the custody of the National Cyber ​​Crime Investigation Agency (NCCIA) by a Karachi judicial magistrate in a defamation case, and his remand has now been extended.

The case relates to a YouTube video uploaded last June in which allegedly defamatory and misleading information was provided about the royal family of the former Nawab of Junagadh.

According to the NCCIA, Mudassar Khan was arrested from Islamabad on January 22, brought to Karachi on January 24 on the basis of transit remand and produced before the Judicial Magistrate (South) and the court sent him to the custody of the Cyber ​​Crime Department till January 28.

It is worth mentioning here that the current case was registered on the complaint of Alia Dilawar Khanji, daughter of Nawab Dilawar Khanji of Junagadh and a resident of Karachi.

The FIR states that a case has been registered against Mudassar Khan under sections 20, 21-D and 26-A of the Prevention of Electronic Crimes Act (PEC).

What is the matter?

Nawabzadi Alia Khanji had alleged in her complaint that YouTuber Mudassar Khan had posted a video on his video channel and that the video contained false allegations.

NCCIA investigation officer Aamir Ali Khoso told the BBC, “Initial technical analysis has confirmed that derogatory and offensive language has been used in the video against Alia Khanji and the Nawab family of Junagadh. Therefore, the video in question falls under the ambit of online defamation.”

Alia Khanji told the BBC that her mother Shah Begum of Junagadh suffered severe mental anguish after watching the controversial video, and she died in December last year.

According to Alia Khanji, ‘the reason for the disputes is the formal titles in the former royal family of Junagadh.’

She said, ‘After the death of my elder brother, my mother nominated me as the Nawab Begum of Junagadh with the unanimous consent of the Junagadh State Council and senior members of the family.’

She alleged that a ‘continuous and malicious campaign’ was being waged against her and her mother due to differences over titles.’

She added that the video created the impression that the information given in it must have been given by a member of the Nawab family. This made the situation particularly painful.

It should be noted that Alia Khanji has also named her nephew Ali Murtaza Khanji in the FIR, along with YouTuber Mudassir Khan.

The BBC contacted Ali Murtaza Khanji to know his position in this regard but did not receive any response.

Family feud in the Nawab family of Junagadh?

During the Partition of India, Nawab Muhammad Mahabat Khanji of Junagadh acceded to Pakistan and Pakistan also issued an official gazette on September 15, 1947. However, this state did not share any borders with Pakistan.

The locals revolted on this decision, on the basis of which Indian forces entered Junagadh.

According to historians, the accession of the Nawab of Junagadh to Pakistan and the entry of Indian forces there is considered one of the most sensitive and controversial political chapters in the history of South Asia.

Since 1947, the Nawab family of Junagadh has been residing in Pakistan. Nawabzadi Alia Khanji belongs to the same former royal family of the Junagadh state.

Her father Nawab Dilawar Khanji was also the Governor of Sindh, Pakistan from 1976 to 1977.

According to authorities, the role of the accused's associate and Alia Khanji's nephew Ali Murtaza Khanji is being investigated in the case, which is being investigated for online defamation and harassment.

YouTuber Mudassar Khan's lawyer Hammad Ahmed Khan told the BBC that the case is essentially an internal family dispute.

"Both parties claim to be the Nawabs of the state of Junagadh who are in exile and have been nominated separately," he said.

The lawyer argued that Mudassar Khan was "used as a tool" in the current case and was given a ready-made script.

It was initially in the form of an audio recording and was later converted into a video format.

"He was told that it was a historical story that portrays Junagadh as a princely state in India."

He claimed that the YouTuber did not know the people involved.

‘The YouTuber did not even know whether he was a claimant to the title of Nawab of Junagadh.’

According to the lawyer, ‘A friend had handed over the script to YouTuber Mudassar Khan and it was uploaded on social media for a good cause.’

The lawyer also claimed that ‘it is possible that Aaliya Khanji planned the video in question to implicate Ali Murtaza Khanji in the FIR or Ali Murtaza Khanji himself asked YouTube to create the content.’

Lawyer Hammad Ahmed Khan said, ‘In both cases, the accused YouTuber is innocent.’

Lawyer Hammad Ahmed Khan argued that ‘if the content was created on the basis of the belief that the information was factual and provided by family members, then it does not fall within the ambit of the offence under the PICA Act.’

He also told the BBC that during the previous hearing, the NCCIA had searched and seized Ali Murtaza Khanji’s residence. Permission was sought from the court for this, but the court rejected the request.

 

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