Islamabad ATC seeks report on failure to produce Imaan, Hadi in security breach case

ISLAMABAD: An Islamabad anti-terrorism court (ATC) on Saturday sought an explanation from jail authorities over their failure to produce human rights lawyer Imaan Mazari and her husband, Hadi Ali Chattha, before the court in a case related to the removal of security barriers erected for the English cricket team.

ATC Judge Tahir Abbas Sipra was hearing the case in which the couple have challenged the framing of terrorism charges. The judge directed the relevant authorities to explain why the accused had not been produced despite an earlier court order.

Neither Mazari nor Chattha was initially brought before the court, and no representative of the jail administration appeared to explain their absence. The judge directed prosecution and police officials to contact jail authorities and ordered a written explanation through WhatsApp by 11am.

Advocate Aimal Khan asked the court to ensure the couple’s appearance, pointing out that an earlier order had directed the authorities to produce them either physically or through video link. The couple were subsequently presented through a video link. Dr Shireen Mazari also appeared in court alongside lawyers Zainab Janjua and Aimal Khan.

Defence challenges indictment in high court

Janjua informed the court that the defence had challenged the framing of charges before the Islamabad High Court (IHC), where the petition was scheduled to be heard on Monday. She requested the ATC to defer proceedings until the high court considered the challenge.

The couple were indicted by the ATC on Tuesday. They had opposed the framing of charges, arguing that they had not been provided copies of the case record or allowed to meet their lawyers.

Judge Sipra observed that if the high court set aside the indictment, the proceedings could be affected. He questioned why the trial should be halted merely because the charges had been challenged, adding that the petition did not automatically prevent the trial court from proceeding.

The judge also referred to proceedings before superior courts and questioned why the trial had stalled at this stage.

During the video-link hearing, Chattha told the judge that he and Mazari respected him and had regularly appeared before him.

“We have learnt from you that a case cannot proceed without a fair trial,” Chattha said, asking why they were not being produced before the court in person.

He said they had learnt from newspaper reports that charges had been framed against them, questioning how their right to a fair trial under Article 10 of the Constitution was being protected.

Janjua also questioned why jail authorities were not producing the accused despite standard operating procedures governing their appearance. She sought an adjournment, saying senior counsel Riasat Ali Azad was unavailable.

The judge asked about photographs taken during the previous hearing and imposed a ban on mobile phones inside the courtroom. The restriction was later lifted following a request from court reporters. He also directed a prison official to arrange chairs for the accused during their video-link appearance.

Police failed to provide escort, court told

When the hearing resumed, the court disposed of the petition seeking to drop the terrorism charges, saying it was not an appropriate stage to grant the requested relief without hearing arguments from the lawyers representing the accused. Their counsel had boycotted the proceedings.

According to a report submitted by jail authorities after the adjournment, Islamabad Police had failed to provide an escort to bring Mazari and Chattha to court.

The court observed that the accused could not be brought before it because the police had failed to provide the required security.

Janjua said the report showed that the state itself had failed to ensure the couple’s appearance.

“On the one hand, the state is asking the court to record the witnesses’ statements today, while, on the other, the same state is failing to provide security for Imaan and Hadi to appear before the court,” she said.

She maintained that the failure to ensure their appearance undermined the accused’s right to a fair trial.

Couple’s arrest and subsequent legal proceedings

Mazari and Chattha have been in custody since their arrest on January 23 in a case related to a protest outside the Islamabad High Court and alleged mistreatment of the IHC Bar Association president.

A day after their arrest, a sessions court sentenced them to 17 years on multiple charges under the Prevention of Electronic Crimes Act (Peca) in a case concerning controversial social media posts. The convictions drew criticism from lawyers, rights organisations, politicians and United Nations experts.

On September 17, the Supreme Court suspended their sentences and ordered their release pending the IHC’s final decision on their appeals against the trial court’s verdict.

However, Islamabad Police arrested the couple again hours later in connection with another case. An ATC subsequently sent them to jail on judicial remand.

The fresh case was registered at Kohsar Police Station on March 22 last year on the complaint of City Magistrate Ghulam Murtaza Chandio. The couple were accused of chanting anti-government slogans and blocking roads.

The first information report named them and included charges relating to disobedience of a public servant’s order, wrongful restraint, criminal intimidation, assault or use of criminal force against a public servant, and obstruction of a public servant in the performance of official duties. According to the report, no provision of the Anti-Terrorism Act had been added when the case was initially registered.