ATC rejects Aleema's plea to remove terror charges

Defence lawyer Faisal Malik argues such charges don't apply to political gatherings

The Rawalpindi anti-terrorism court has rejected Aleema Khan's petition seeking the exclusion of terrorism charges under Section 7 of the Anti-Terrorism Act. Judge Amjad Ali Shah ruled: “Section 7 of the Anti-Terrorism Act (ATA) is valid, and the court also has proper jurisdiction”.

Earlier, police prevented Aleema from leaving the courtroom premises, citing the court’s order requiring her presence. “Preventing Aleema Khan from leaving amounts to an illegal detention, which we will challenge,” stated her defence lawyer, Faisal Malik. He added that if such behaviour continues towards Aleema Khan and her legal team, they may boycott the proceedings.

On November 13, 2023, Imran Khan made a “final call” for nationwide protests to be held on November 24, demanding the restoration of PTI’s electoral mandate, the release of imprisoned party members, and the reversal of the 26th Amendment, which he claimed had empowered a “dictatorial regime” and calling it "illegal".

The case, registered at Sadiqabad Police Station against Aleema and 11 other accused, lists charges including protesting against the government, chanting anti-government slogans, vandalism, and stone-pelting. Aleema Khan had filed a petition in the ATC to have Section 7 of the ATA removed from her charge sheet, which was framed a month ago.

Section 7 of the ATA states that convictions for offences requiring more than 10 years imprisonment will also result in the forfeiture of property.

Read: Aleema briefly taken into judicial custody

Faisal Malik noted that under Section 6 of the ATA, terrorism charges cannot be applied to political gatherings. He emphasised that this is an ordinary court case and cited relevant Supreme Court rulings.

The prosecution countered, describing the petition as a “waste of time,” noting that 12 of the accused have already confessed. They argued that challenges to terrorism charges should have been raised at the time of framing the indictment.

Questions were also raised regarding the status of the accused who have pleaded guilty and received sentences. The prosecution requested that witness statements be recorded.

The court rejected the petition, stating that “This case falls within the jurisdiction of the anti-terrorism court". Aleema's counsel has vowed to fight the charges in the Islamabad High Court.

Read more: TTAP stands with Imran's sisters after Adiala episode

The hearing has been adjourned until December 4, and the court has summoned government witnesses for the next date.

"They want to send me to jail; they are just looking for a way," Aleema Khan said. "Judges’ time is being wasted unnecessarily," she added.

The case hearings have been marred by controversy. Aleema Khan had been absent for many of the case hearings, which had led to the court issuing threats of property seizure and 11 arrest warrants. The ATC had also instructed to have her National Identity Card (NIC) and passport blocked. She had finally appeared in court for her hearing on November 20.

Aleema was briefly taken into judicial custody and barred from leaving the court premises in Rawalpindi in the previous hearing on November 26.