ISLAMABAD: An anti-terrorism court (ATC) on Saturday sought an explanation from jail authorities after human rights lawyer Imaan Mazari and her husband, Hadi Ali Chattha, were not produced before the court despite an order directing their appearance.
The couple are facing terrorism charges in a case related to the removal of security barriers erected for the English cricket team. The ATC indicted them on Tuesday, but both challenged the framing of charges, arguing that they had not received copies of the case record or been allowed to meet their lawyers.
ATC Judge Tahir Abbas Sipra was hearing the case. Neither accused appeared initially, and no jail official attended to explain their absence.
The judge directed prosecution and police officials to contact jail authorities and obtain an explanation. He also ordered a written response through WhatsApp by 11am.
Court Questions Failure to Produce Accused
Advocate Aimal Khan requested that the court ensure the couple’s appearance, noting that an earlier order required authorities to produce them either physically or through a video link.
The couple were subsequently connected to the proceedings through a video link. Dr Shireen Mazari also appeared, alongside lawyers Zainab Janjua and Aimal Khan.
At the start of the hearing, Judge Sipra asked about photographs taken during the previous proceedings and temporarily banned mobile phones inside the courtroom. The restriction was later lifted following a request by court reporters.
Advocate Janjua informed the court that the couple had challenged the framing of charges before the Islamabad High Court (IHC), where their petition was scheduled for hearing on Monday. She requested that the trial court defer proceedings until the high court considered the challenge.
Judge Sipra observed that the pending petition did not automatically prevent the trial court from proceeding. He said the high court could set aside the charges if they had not been framed in accordance with the law.
The judge also questioned why the trial had stalled, noting that superior courts had already dealt with related matters and that a show-cause notice had previously been issued.
Janjua raised concerns over the repeated failure of jail authorities to produce the accused despite established procedures. She also sought an adjournment, citing the unavailability of senior counsel Riasat Ali Azad.
Couple Raise Fair Trial Concerns
During the video-link hearing, Chattha told the court that he and his wife respected the judge and had regularly appeared before him. He referred to the principle of a fair trial and questioned why they had not been produced before the court.
He also asked how their right to a fair trial under Article 10 of the Constitution was being protected, referring to newspaper reports that charges had been framed against them.
Judge Sipra directed a prison official to arrange chairs for the couple during their video-link appearance. He also questioned why they had not been brought to court physically as ordered.
The court later resumed proceedings after receiving a report from the jail authorities. According to the report, Islamabad Police had failed to provide an escort to bring the couple to court.
The court noted that the required security arrangements had not been made, preventing the accused from appearing in person.
Janjua said the state was acknowledging that its own failure to provide an escort had prevented 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 remarked.
She argued that the failure to ensure their appearance undermined their right to a fair trial.
The court disposed of the petition seeking to drop the terrorism charges, observing that it could not grant the requested relief at that stage without hearing arguments from the lawyers representing the accused. Their counsel had boycotted the proceedings.
Imaan and Hadi’s Rearrest
The couple have remained in jail since their arrest on January 23 in a separate case registered over a protest outside the Islamabad High Court. They were accused of protesting outside the court and allegedly manhandling the IHC Bar Association president.
Their arrest drew criticism from rights organisations, politicians and journalists, who called for their right to a fair trial to be upheld.
A day after their arrest, a sessions court sentenced them to 17 years in prison on multiple charges under the Prevention of Electronic Crimes Act (PECA) in a case involving controversial social media posts.
The convictions were widely criticised by lawyers and United Nations experts.
On September 17, the Supreme Court suspended their sentences and ordered their release pending the Islamabad High Court’s final decision on their appeals against the trial court’s ruling.
However, Islamabad Police arrested the couple again hours later in connection with another case. They were produced before an ATC, which 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 FIR accused Mazari and Chattha of chanting anti-government slogans and blocking roads. Both were nominated in the case, which initially included no charges under the Anti-Terrorism Act.
The FIR cited sections 188, 341, 506, 353 and 186, covering disobedience of a lawful order, wrongful restraint, criminal intimidation, use of force against a public servant and obstruction of a public servant in the performance of official duties.
