ISLAMABAD: An anti-terrorism court (ATC) on Saturday summoned the Islamabad police chief and issued show-cause notices to two police officials over the continued failure to produce the case record in the security breach case against lawyer Imaan Zainab Mazari-Hazir and her spouse, Hadi Ali Chattha.
The case pertains to the alleged disruption of a security route of an international cricket team and incitement to public unrest. Imaan and her husband were accused of removing barriers from the route. The couple was indicted in the case on Oct 7.
During Saturday’s hearing, ATC Judge Abul Hasnat Muhammad Zulqarnain directed the two police officials to whom notices were issued to explain their failure to ensure the production of the record. He warned that they could face imprisonment if it was not presented before the court.
During the proceedings, the court expressed displeasure over the continued absence of the investigating officer and raised questions about the whereabouts of the case record.
A court official informed the judge that the investigating officer had travelled to Gilgit-Baltistan and had not returned.
The judge immediately summoned the superintendent (investigation) to explain the situation.
Advocate Riasat Ali Azad, representing the accused, told the court that the bail application had been filed on October 29 last year and notices had already been issued, but the proceedings could not move forward because the investigating officer failed to appear with the record.
He argued that in similar cases, another police official usually appeared with the case record when the investigating officer was unavailable. Questioning how long the court was expected to wait, Azad urged the judge to make a decision in accordance with the law.
Advocate Asif Irfan, vice chairman of the Islamabad Bar Council, observed that the court was not powerless, but had so far been unable to ensure the production of the record.
Advocate Aleem Abbasi, meanwhile, urged the judge to exercise his authority and decide the matter on merit. He added that the legal fraternity stood with the judiciary in defending its independence, but questioned how lawyers could secure justice for their own children if the judicial system failed to deliver it.
Advocate Zafar Khokhar also questioned under which law an investigating officer could take the case record away and leave court proceedings stalled.
Judge Zulqarnain, however, expressed displeasure over the tone adopted by some lawyers, deeming such conduct inappropriate and remarking that he was not influenced by vlogs or commentary and always conducted proceedings impartially.
After a short break in the proceedings, SP Khurram Ashraf and Deputy Superintendent (DSP) Naeem Yousuf appeared before the court.
The SP informed the judge that the investigating officer had travelled to Khaplu and would appear after he returned. The judge questioned the arrangement and asked when the officer would return, observing that everyone was waiting while the court had a case to decide.
When pressed for a definite timeline, DSP Yousuf said the investigating officer could take another 10 to 15 days to return.
The judge criticised the police for causing prolonged hardship to PTI workers through delays in their cases.
Expressing frustration over the situation and the alleged harassment of workers, the judge ordered the discharge of several individuals arrested in connection with the PTI’s long march.
The court subsequently issued show-cause notices to the SP and DSP, warning that failure to produce the case record could lead to proceedings for their imprisonment.
Islamabad Inspector General of Police Muhammad Sohail Chaudhry was also summoned for the next hearing on November 3.
The case
The lawyer couple has been in jail since their arrest on Jan 23 in a case registered against them for protesting outside the Islamabad High Court (IHC) and allegedly manhandling the IHC Bar Association president. The arrest prompted criticism by rights bodies, politicians and journalists, who stressed the couple’s right to a fair trial.
Just a day later, a sessions court sentenced them to 17 years on multiple charges under the Prevention of Electronic Crimes Act (Peca) in a case pertaining to controversial social media posts. The convictions were widely condemned by lawyers and United Nations (UN) experts.
On Sept 17, following months of litigation before the courts, the Supreme Court suspended their sentences in the case. The SC ordered their release pending the IHC’s final verdict on their appeals against the trial court’s decision.
However, the reprieve was short-lived as hours later, Islamabad police arrested the couple again in connection with another case and produced them before an ATC, which sent them to jail on judicial remand.
The fresh case in which the two were arrested was registered at the federal capital’s Kohsar police station on March 22 last year on the complaint of City Magistrate Ghulam Murtaza Chandio.
Imaan and Hadi were accused of chanting anti-government slogans and blocking roads and were nominated by name in the FIR. However, at the time of registration of the case, no section of the Anti-Terrorism Act (ATA) had been added.
The FIR included sections 188 (disobedience of an order lawfully promulgated by a public servant), 341 (wrongful restraint), 506 (punishment for criminal intimidation), 353 (assault or use of criminal force to deter a public servant from discharging their official duty) and 186 (obstructing a public servant in the performance of official duties).
They were indicted in the case on Oct 7 and the ATC on Oct 10 disposed of the couple’s petition seeking to drop the terrorism charges.
On Oct 15, the court directed lawyers and witnesses in the case to appear at Adiala jail for the next hearing after police cited difficulties in transporting the couple to court.
At yesterday’s hearing, Imaan and Hadi had objected to the manner in which they were presented during the hearing of the case, with the couple and their lawyers eventually walking out of the proceedings at Adiala jail.