State counsel completes cross-examination in Imaan, Hadi security breach case

A state-appointed counsel on Friday completed the cross-examination of all prosecution witnesses in a security breach case against lawyers Imaan Mazari and Hadi Ali Chattha, who are being tried at Adiala Jail over the alleged disruption of an international cricket team’s security route and incitement to public unrest.

The couple is accused of removing barriers along the route. They were indicted in the case on October 7.

Anti-terrorism court (ATC) Judge Tahir Abbas Sipra heard the case inside Adiala Jail, where state counsel Atif Mahmood cross-examined the prosecution witnesses.

The court was expected to provide Imaan and Hadi with their questionnaires under Section 342 of the Code of Criminal Procedure (CrPC) at the next hearing on Saturday. A decision could be reserved once the trial proceedings were completed.

Read More: ATC replaces state counsel after Imaan, Hadi object to appointment

The proceedings followed a dispute over the appointment of state counsel. On Thursday, the court replaced Taimoor Janjua with Advocate Atif Mahmood after Imaan and Hadi objected to Janjua’s appointment. Judge Sipra accepted their application challenging the appointment.

During Thursday’s hearing, Hadi alleged that Janjua had told people he received Rs500,000 and completed the cross-examination in a single day. Janjua disputed the criticism, while Judge Sipra expressed displeasure over his conduct in court.

The court had appointed Janjua a day earlier after the defence lawyers failed to cross-examine the prosecution witnesses.

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.