ISLAMABAD: An anti-terrorism court (ATC) on Monday directed jail authorities to allow lawyers representing human rights lawyer Imaan Mazari and her husband, Hadi Ali Chattha, to meet them in prison as the couple raised concerns over their access to their legal counsel and the fairness of proceedings in a case related to the removal of security barriers.
The couple was indicted in the case on Oct 7. The case pertains to the alleged disruption of the security route of an international cricket team and incitement to public unrest. On Oct 10, the ATC had disposed of the couple’s plea seeking to drop the terrorism charges.
ATC Judge Tahir Abbas Sipra, who presided over the hearing on Monday, ordered that Advocates Riasat Ali Azad, Zainab Janjua and Aimal Khan be allowed to meet the accused in jail.
Imaan’s mother, former human rights minister Dr Shireen Mazari, appeared before the court along with Advocates Azad and Khan, while the couple attended the proceedings via video link.
The defence sought an adjournment, informing the court that the Oct 10 order was also being challenged before the Islamabad High Court.
“If your petition is accepted by the high court, the proceedings in this court will come to an end,” the judge remarked.
Azad emphasised the need for a fair trial, saying the defence did not know what had happened or where the alleged incident had taken place.
The judge also questioned the defence about whether proceedings conducted before the accused joined via video link should be treated as a trial. Azad replied in the affirmative.
Justice Sipra recalled that at the previous hearing, Advocate Janjua had argued that proceedings could not be considered a trial because Imaan and Hadi had not been present via video link.
During the hearing, the couple had complained about facing difficulty in communicating via video link, with Imaan and Hadi saying their voices were breaking up.
“If we cannot meet then, how are we supposed to proceed with the case?” Advocate Azad asked.
The judge observed that the anti-terrorism law required the trial to proceed on a daily basis and asked the prosecution how many witnesses remained to be examined.
The prosecutor informed the court that nine witnesses had yet to be produced before the court.
The judge then directed the prosecution to ensure that the accused were granted access to their lawyers.
Meanwhile, Hadi objected to the manner in which the proceedings were being conducted and questioned why he and Imaan were not being presented before the court in person.
“This goes against the principles of a fair trial,” he said, adding that they had been in jail for eight months and were struggling to pursue their case.
He also raised concerns over the privacy of consultations with their lawyers, saying cameras had been installed in the designated meeting area at the jail, making confidential discussions difficult.
“You are the ones who must decide our fate; please summon us to court,” Hadi told the judge, adding that the court had to determine whether he and Imaan were terrorists.
The court adjourned further proceedings until Oct 14.
In a related development, the court took exception to an apparent contradiction in reports submitted by Adiala jail authorities concerning Imaan’s production through a video link in separate cases.
On Oct 10, the jail authorities produced Imaan before the ATC through a video link in the case pertaining to the removal of security barriers.
However, in a report submitted in the case involving former MNA Ali Wazir, the same authorities stated that she could not be produced through a video link on that date because of a lack of internet connectivity.
Judge Sipra expressed astonishment at the discrepancy and questioned the preparation of the reports.
“Do you not read what you write in your reports? Do you just copy-paste?” the judge asked.
The judge noted that Imaan had appeared through a video link in one case on Oct 10, while the jail authorities had cited the absence of internet service to explain her non-production in another case on the same day.
The court issued a fresh show-cause notice to the jail authorities over the matter and directed them to produce Imaan through a video link in the case on Oct 19.