ATC remands Wazir, Imaan in police custody

PTM leader, rights lawyer to be presented before court again on August 24

ISLAMABAD:

A trial court on Monday remanded former lawmaker Ali Wazir and human rights lawyer Imaan Mazari in police custody for three days while hearing a terrorism case.

Wazir and Imaan were arrested in the wee hours of Sunday from Islamabad on the basis of a first information report (FIR) that alleged that they were among dozens of people who “interfered in state affairs” during a Pashtun Tahafuz Movement (PTM) rally staged in Islamabad on Friday.

However, when Wazir and Mazari, who is the daughter of former human rights minister Shireen Mazari, were presented before a district and sessions court judge on Sunday morning, the authorities showed the judge a second FIR, containing allegations of sedition and terrorism.

The second FIR registered by Islamabad's Counter Terrorism Department (CTD) under sections 124A, 153A, 153, 506, 149 and 148 of the PPC and sections 7, 11W and 21i of the Anti-Terrorism Act (ATA), 1997 claimed that at the Friday rally, Mazari and other PTM leaders tried to incite rebellion.

It alleged that the protest leaders tried to incite government officials to break their oath of allegiance while also trying to undermine the army and promote terrorism.

“They threatened the judiciary, legislature and executive with serious consequences. “They used derogatory epithets [for state organs] in order to spread hatred among the public; fan terrorism; incite rebellion; spark civil war and civil disobedience while motivating people to resort to an armed struggle.”

In view of this FIR, the former MP and the rights activist were on Monday presented in Islamabad’s Anti-Terrorism Court-1 (ATC). The hearing was presided over by Judge Abul Hasnat Zulqarnain.

Imaan Mazari's lawyer advocate Zainab Janjua argued that despite a local court having remanded her client in police custody yesterday, "no investigation was carried out". She also stressed that Mazari's phone and laptop had already been confiscated and that two cases were registered over a single incident.

Janjua said the first FIR contained non-bailable provisions adding that Mazari was a lawyer herself and had cooperated with investigations in the past and would also cooperate in future. "Practicing law has become a crime in this country," the counsel lamented.

The prosecution on the other hand argued that the accused had given speeches against the state. A transcript of Mazari's speech was also read out before the court on the occasion.

The prosecutor said a similar case had been filed against Mazari previously but the charges were dropped after she "unequivocally apologised" for her remarks earlier this year. "She has repeated the same crime again," he argued.

He requested the court to grant the request for her custody as the investigation was still ongoing and several tests such as the photogrammetry test and voice matching needed to be completed.

Mazari's lawyer opposed the prosecution's request arguing that as her client's mobile and laptop devices were already in possession of the police as well as the transcript of her speech.

"What do they want to achieve by keeping them in custody?" she questioned emphasising that the police had failed to proceed with their investigation despite keeping the accused in custody for 24 hours.

Objecting to the other case that the prosecution had brought up, Janjua said that the case had been dismissed by the Islamabad High Court (IHC).

The lawyer also lamented that Mazari was brought to court in her night suit and that they were informed about a second FIR in the courtroom. "We are hopeful for a fair trial," she said as she assured the court of full cooperation on behalf of her client.

The police maintained its request to remand her in their custody for 10 days. After hearing all the arguments, the ATC reserved its judgment.

Meanwhile, Ali Wazir took the rostrum and told the court that the caretaker government had told the PTM leadership not to hold a sit-in in front of the Supreme Court.

"We were told that we should hold a rally at Tarnol so we held a meeting there," he said, "As soon as the meeting was over, the interior minister tweeted, thanked us, and even called me."

The judge expressed his disappointment over the circumstances. "It's such a beautiful country, if this is where things are then where are we headed?" he remarked.

Later, the court remanded Imaan Mazari and Ali Wazir in three-day custody. It ordered the police to present them before the ATC on August 24.

Meanwhile, the Islamabad Capital Territory (ICT) Police rejected reports of mistreatment of the accused during custody. "False rumours are being spread regarding Imaan Mazari," said the spokesperson.

"The process of investigation is completed during the remand and handover of the accused," added the statement, "The accused are provided with medical facilities and are examined by government doctors. Food and other items are provided as per government procedures also."