ATC judge in the dock over contentious remand ruling

IHC judges take exception to Zulqarnain issuing Swati’s physical remand at 6:30pm

ISLAMABAD:

The Islamabad High Court (IHC) on Wednesday castigated Anti-Terrorism Court (ATC) Judge Abul Hasnat Zulqarnain regarding the issuance of physical remand for Pakistan Tehreek-e-Insaf (PTI) leader Azam Swati after the court hours and sought an explanation from him on the matter.

The development came following an affidavit submitted by Swati’s grandson, which stated that the remand was issued at 6:30 pm.

The IHC ordered that the affidavit be presented to Judge Zulqarnain for comments, adding that the judge’s remarks should be brought before the court on Thursday (today).

On January 30, 2024 Special Court Judge Zulqarnain had convicted former premier Imran Khan and PTI Vice Chairman Shah Mahmood Qureshi under the Official Secrets Act in the cipher case. Both the leaders were sentenced to 10 years of rigorous imprisonment each in a hastily concluded trial.

The judge appointed state counsel for the defendants without their consent, and later reportedly denied the defendants their right to cross-examine the prosecution’s witnesses.

The verdict came nine days before the Feb 8 general elections, which the PTI had been contesting amid a state crackdown and without an electoral symbol.

Later, both Imran and Qureshi appealed against the verdict in the IHC.

On June 3, the IHC acquitted both the leaders, suspending their 10-year sentence.

The cipher case originated from Imran’s public display of a paper during a rally in Islamabad on March 27, 2022, claiming it as evidence of an “international conspiracy” before a vote of no-confidence led to his government’s ouster.

A division bench comprising Justice Miangul Hassan Aurangzeb and Justice Arbab Muhammad Tahir on Wednesday heard Swati’s petition. Ali Bukhari Advocate appeared on behalf of the petitioner and informed the court that an affidavit had been filed.

Justice Aurangzeb remarked that Judge Zulqarnain’s actions in the cipher trial were unprecedented, stating that “such injustices have not been seen in any court worldwide”.

He added that the law ministry was supporting Justice Zulqarnain, encouraging him to act in this manner as part of his assigned role.

Advocate Bukhari stated that they had submitted the affidavit and that the court’s previous order was also attached to the paper book.

Expressing his displeasure over the ATC judge’s conduct, Justice Aurangzeb inquired whether cameras were installed in Judge Zulqarnain’s courtroom.

Justice Aurangzeb remarked that the court had previously received cases involving Judge Zulqarnain’s misconduct, where he issued orders with future dates and later denied bail.

The IHC judge recalled that two judges had written to the MIT for Zulqarnain’s immediate transfer, adding that they had previously recommended sending the ATC judge back.

This man (Judge Abul Hasnat Zulqarnain) has been posted here to carry out their (government’s) political agendas, Justice Aurangzeb said, adding that justice in Islamabad remained elusive as long as the ATC judge remained there.

The IHC issued a written order on Swati’s petition against his remand, directing an investigation into the failure to issue a notice to the prosecution.

The court directed the judicial staff to visit the Islamabad advocate general’s office to ensure the presence of the state counsel or advocate general.

The court order stated that the government lawyer appeared and informed the court that the matter was Islamabad prosecutor general’s responsibility while the federal prosecutor general appeared and clarified that he had not received any notice regarding the case.

The order stated that the additional registrar judicial should investigate why the notice was not sent to the federal prosecutor general’s office.
It further noted that the petitioner contended that the FIRs were registered on Oct 4 and 5, 2024, and that his continuous remand is unlawful.

The court ordered that a copy of the affidavit be sent to the presiding officer of Special Court-I (Anti-Terrorism), Islamabad.

The IHC directed the ATC judge to submit his comments on the affidavit and adjourned the hearing of the case until Thursday (today).