ATC summons Islamabad IGP in Imaan, Hadi bail case on November 3

Issues show-cause notices to SP, DSP for failure to produce case record

ISLAMABAD:

An Islamabad anti-terrorism court (ATC) on Saturday summoned the Islamabad inspector general of police (IGP) for the November 3 hearing of a post-arrest bail petition filed by Imaan Mazari and Hadi Ali Chattha and issued show-cause notices to the superintendent of police (SP) and a deputy superintendent of police (DSP) over the investigating officer’s repeated absence and failure to produce the case record.

The ATC was convening a hearing of a post-arrest bail petition filed by Imaan and Hadi in a case involving protests and interference in official duties in Islamabad.

The court also warned that the concerned officers could face proceedings leading to imprisonment if the record was not presented at the next hearing.

Judge Abul Hasanat Muhammad Zulqarnain heard the bail petitions of Imaan and Hadi. Their lawyers, Raja Ali Azad and Eimal Khan Mandokhail, appeared before the court, while Special Public Prosecutor Raja Naveed Hussain was also present during the hearing.

Read: Ministry of Law issues notification for jail trial for Imaan, Hadi

During the case proceedings, the court grilled the prosecutor about the investigating officer’s absence, asking where he was and why he was not present. The court’s reader informed the judge that the IO had gone to Gilgit-Baltistan and had not yet returned.

The court subsequently summoned the SP investigation.

Islamabad Bar Council Vice Chairman Advocate Asif Irfan told the court that it was not helpless and yet it had been unable to summon the case record.

During the hearing, Advocate Azad stressed that the bail petition had been filed on October 29 and the court had issued notices, but proceedings could not move forward because of the IO’s long absence. He said that in several similar cases, when the IO was unavailable, another police official brought the record to court.

“How long would the court wait for the record?” he asked.

He then presented arguments before the judge and reminded the court about its own order that the suspects' physical remand was not required and all the charges against his clients were bailable.

He further highlighted that section 7 of the Anti-Terrorism Act (ATA) had also been added to the case and urged the court to decide the matter in accordance with the law.

During the hearing, the lawyers also referred to judicial policy, citing that bail petitions should be decided within four to five days. They said the delay was creating the impression that the accused would first be convicted in the trial of another case and then the bail petition would be decided. They stressed that the impression needed to be dispelled.

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

Advocate Aleem Abbasi urged the court to exercise its powers and decide the matter on merit.

He said the legal fraternity stood with the judiciary for its independence and warned that if the courts did not exercise their powers, everything would be taken away.

“Lawyers raise slogans for justice but are unable to secure justice for their own children,” he said, urging the court to decide the case according to its conscience.

During the case hearing, Advocate Zafar Khokhar also asserted that the lawyers would present their arguments and leave, but the situation would not create a favourable impression of the judiciary. He asked which rules and laws allow the IO to take the case record on a vacation with him.

In response, Judge Zulqarnain said the SP and DSP could be sent to jail if the case record was not produced and issued show-cause notices to both officers. He also summoned the Islamabad IGP for the next hearing.

The hearing was then adjourned until November 3.

Separately, the court ordered the discharge of workers arrested in connection with the Pakistan Tehreek-e-Insaf long march from the cases registered against them.

It also granted bail to Jammu Kashmir Democratic Party Chairperson and Advocate Nabeela Irshad against surety bonds of Rs5,000.