ATC replaces state counsel after Imaan, Hadi object to appointment

An Islamabad anti-terrorism court (ATC) on Thursday replaced state counsel Taimoor Janjua, who had been appointed to represent lawyers Imaan Mazari and Hadi Ali Chattha in a case concerning the removal of barriers and alleged interference in official duties, after the two defendants objected to his appointment.

Judge Tahir Abbas Sipra, who heard the case at Adiala Jail, accepted an application filed by Imaan and Hadi challenging Janjua’s appointment and appointed Atif Mahmood as the new state counsel.

During the hearing, Imaan said Janjua had previously been appointed as state counsel in their case. Hadi alleged that Janjua had told people he had received Rs500,000 and completed the cross-examination in a single day.

“Are you the accused’s lawyer or are you against them?” their lawyer asked Janjua.

Janjua responded, “Come with me to any private case outside, and you will find out whether I work or not.”

Judge Sipra expressed displeasure over Janjua’s conduct and asked, “Has no one ever taught you how to appear in court?”

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

Imaan told the court that they did not need a state counsel because they had their own lawyers. Hadi added that their lawyers were occupied with other cases at the high court while the ATC was conducting daily hearings.

The prosecution had initially submitted a list of nine witnesses but later dropped two, leaving seven witnesses in the case. Statements from all seven prosecution witnesses had been recorded, and the court had summoned them for cross-examination.

However, none of the witnesses was cross-examined during Thursday’s hearing. Judge Sipra directed that they be summoned again on Friday. “Imaan and Hadi, if your lawyers do not cross-examine the witnesses tomorrow, the state counsel will do so,” the judge said.

The court adjourned the hearing until 9am on Friday.

The case so far

The Islamabad ATC framed charges against Imaan and Hadi on October 7 in a case relating to the alleged removal of security barriers and disruption of a designated route during the visit of an international cricket team.

The court subsequently recorded statements from all seven prosecution witnesses, and the case has reached the cross-examination stage.

The trial was shifted to Adiala Jail amid disputes over the accused’s production in court and defence lawyers’ access to their clients.

Separately, Imaan and Hadi approached the Islamabad High Court (IHC) seeking to suspend the trial, alleging procedural violations in the framing of charges, including that they had not been physically present when indicted and had not received copies of relevant documents.

The IHC heard their appeals on October 19 and said it would issue an order after hearing the respondents.

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.