Law ministry notifies jail trial for Imaan, Hadi

An Islamabad anti-terrorism court (ATC) was informed on Thursday that the Ministry of Law had issued a notification directing that the next hearing of the case against lawyer Imaan Mazari and her husband, Hadi Ali Chattha, over the removal of barriers be held at Adiala Jail.

Earlier, ATC Judge Tahir Abbas Sipra had directed lawyers and witnesses to appear at Adiala Jail for the next hearing. The case, registered at Aabpara police station, was subsequently adjourned until Friday.

During Thursday’s hearing, Imaan and Hadi appeared before the court via video link, while their lawyers, Eamil Khan Mandokhail and Riasat Ali Azad, appeared in person. Mandokhail submitted an affidavit detailing the difficulties he said he had faced when he visited Adiala Jail on Tuesday to meet his clients.

According to the affidavit, he received a certified copy of the court order at 2:52pm and reached Central Jail Adiala at 3:50pm. He said he presented the order to the deputy superintendent and requested a confidential meeting in accordance with the Pakistan Prison Rules 1978 and the court’s directions.

He said he was made to wait for about an hour before being allowed to meet his clients at 4:45pm. The meeting lasted only 25 minutes and ended at 5:10pm.

Mandokhail said the meeting had taken place in a conference room rather than a separate room, adding that it had been recorded and lacked privacy. He said he had brought copies of case documents to hand over to his clients but was not allowed to take the documents inside or give them to the two accused.

The affidavit further stated that two female constables had remained with Imaan throughout the meeting, the door had been kept open, and male constables had stood outside. Jail officials could hear the entire conversation, Mandokhail said, describing the arrangements as a violation of the court’s order.

Read: Imaan, Hadi boycott proceedings as ATC records witness statements

He added that Imaan and Hadi had repeatedly told the court that they had not been provided with the relevant documents either before or after the charges were framed.

According to the affidavit, the two accused had insisted during the brief meeting that they were not boycotting the trial. Mandokhail said they wanted to appear in person because audio and internet problems during online appearances prevented them from following the proceedings properly and consulting their lawyers.

He further said his clients had instructed him to challenge all court orders.

Separately, Azad argued that the trial could not proceed in the absence of the accused in person. He said police routinely brought accused persons before the court and questioned why Imaan and Hadi had not been produced.

“They are not terrorists; they can even come on a horse-drawn carriage,” Azad said, arguing that there was no reason the two could not be brought to court.

Judge Sipra said he had been issuing directions for four or five days for the accused to be produced. Questioning why the police had not taken similar steps earlier, he said their conduct was regrettable. “I just want to know what the police are doing. They have changed the whole game,” he added.

The judge also asked whether the jail authorities had submitted a report explaining the failure to produce the accused. He directed his court staff to check whether a report had been received and said the senior superintendent of police would be summoned if it had not.

During the proceedings, the judge said the police had filed an application seeking a jail trial, but the matter had not yet been finalised. He declined to comment on the application, saying it was a legal matter.

Superintendent of Police (SP) Pari Gul requested two to three hours to report on progress, while Azad asked the court to adjourn the matter to another date.

Read more: ATC orders jail authorities to facilitate lawyers' meetings with Imaan, Hadi

The judge also questioned the conditions under which the meeting at Adiala Jail had taken place after Mandokhail said separate rooms were available but his meeting had been arranged in a conference room.

When the judge asked what kind of environment the lawyers wanted, Mandokhail reiterated that the arrangements had prevented them from discussing the case properly.

Azad also asked the court to question police officials about how Imaan and Hadi had arrived at the court at 10pm the previous night. Imaan’s mother, Shireen Mazari, urged the court to ask the police why 12 vehicles had been involved when the two were previously produced.

Addressing the accused through the video link, Judge Sipra briefed them on the proceedings. Hadi said they had no objection to either appearing physically before the court or facing a jail trial, provided their lawyers and journalists were also allowed to be present at the jail.

The hearing was subsequently adjourned. The Ministry of Law’s notification provided for the next hearing to be held at Adiala Jail, with lawyers and witnesses directed to attend.

Case background

Imaan and her husband Hadi 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 ATC in connection with a case registered at Kohsar Police Station.

Police sought 30-day physical remand, but ATC Judge Abul Hasnat Muhammad 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 Hadi 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.

On October 7, the ATC had framed charges against Imaan and Hadi 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.