Barricade removal case: ATC rejects plea to drop terrorism charges against Imaan, Hadi

Lawyers boycott ATC proceedings while the court records the statements of three witnesses

ISLAMABAD:

An Anti-Terrorism Court (ATC) in Islamabad on Saturday rejected a plea to drop terrorism charges against lawyer Imaan Mazari and her husband, Hadi Ali Chattha, as the couple and their lawyers boycotted the proceedings in the barricade removal case.

On Wednesday, the ATC had framed charges against Imaan and Chattha in the case related to the alleged violation of a designated route and incitement during the arrival of an international cricket team, despite defence objections that legal requirements had not been fulfilled.

ATC Judge Tahir Abbas Supra heard the case. During today's proceedings, the court dictated an order on the application regarding the accused's absence during the hearing and the request to drop the terrorism sections. It rejected and disposed of Imaan and Chattha's application to remove the terrorism sections without hearing their lawyers and without granting time.

"Proceedings were held here in your absence. We filed the application to drop the terrorism sections on your instructions," Lawyer Zainab Janjua told Chattha. She added, "I now have no further instructions from you, so we are leaving the proceedings of the case."

Judge Supra noted, "An application against the terrorism sections cannot be heard at this stage. I cannot review my order because I do not have the authority."

Janjua meanwhile asked the court to record her objection. "Let the court record my objection that the trial was held in the absence of Imaan and Hadi on video link," she said.

Further, the court rejected a request to adjourn the case due to the absence of lawyer Riasat Ali Azad, who Janjua had said was with the bar president, who was ill.

Judge Supra also exchanged words with Imaan and Chattha, who were presented via video link.

"Sir, we respect you; we have appeared before you," Chattha said. "We have learned from you that a case cannot proceed without a fair trial," he added. "Why are we not being produced before the court?" Chattha asked, further questioning, "We read in the newspaper the other day that the charge has been framed. Where has our right to a fair trial under Article 10 gone?"

Judge Supra stated, "You have challenged the charge. If the charge has not been framed correctly, it will be quashed by the high court." He also asked a prison official, "You were supposed to produce Imaan and Hadi before the court today. Why were they not produced?" The court sought a response.

Read: Islamabad ATC sends Imaan, Hadi on judicial remand after SC orders release on bail

Meanwhile, the court recorded the statements of three prosecution witnesses, including an FIR witness, the Muharrar, and a witness to the personal search.

It summoned the remaining witnesses for Monday and adjourned further hearing of the case until the same day.

Imaan and Chattha arrest

Imaan and her husband Chattha were rearrested on September 17, shortly after the Supreme Court granted them bail and suspended their sentences in a separate social-media posts case. They were produced before an Islamabad Anti-Terrorism Court in connection with a case registered at Kohsar Police Station.

Police sought 30-day physical remand, but ATC Judge Zulqarnain rejected the request and sent the couple on judicial remand. The judge noted that although they had been nominated in the FIR as members of an unlawful assembly, no weapon had been attributed to either accused.

Read More: SC suspends trial court order, grants bail to Imaan Mazari, Hadi Ali Chattha

On September 27, the court issued a contempt notice to the Adiala jail superintendent after the authorities failed to facilitate the signing and transmission of the documents and also failed to produce the accused through video link. Two days later, the issue was resolved after Imaan and Chattha signed the required powers of attorney.

On September 29, the ATC ended the contempt proceedings against the jail authorities and separately confirmed that notices had been issued on the couple’s bail applications, with arguments scheduled before Judge Abul Hasnat.