Islamabad ATC indicts Imaan, Hadi in security breach case despite objection over incomplete legal formalities

Islamabad ATC indicts Imaan, Hadi in security breach case despite objection over incomplete legal formalities

ISLAMABAD: An anti-terrorism court (ATC) on Tuesday formally indicted lawyers Imaan Zainab Mazari-Hazir and Hadi Ali Chattha in a case pertaining to the alleged disruption of the security route of an international cricket team and incitement to public unrest. Judge Tahir Abbas Sipra presided over the proceedings, during which both accused were produced through video link. At the outset, Hadi objected to the framing of charges, stating that he had not yet been provided copies of the case documents. He argued that charges could not be framed before completion of all legal formalities. Advocate Zainab Janjua, representing Imaan and Hadi, also opposed the indictment, submitting that neither of them had been provided copies of the case record. She further contended that both the accused had not been allowed to meet their lawyers, and therefore the requirements for framing charges had not been fulfilled. Despite the objections, the court proceeded with the formal indictment of both accused. Addressing Imaan and Hadi, Judge Sipra observed that they could challenge the order if they wished to do so. The court subsequently summoned prosecution witnesses on Friday and directed that both accused be produced before the court at the next hearing. The proceedings were then adjourned until October 9 (Friday). The indictment hearing had been postponed on Tuesday after it appeared that Imaan and Hadi could not be produced in court via video link due to a power outage. Judge Sipra had directed jail authorities to ensure the presence of both accused through video link at the next hearing, warning that contempt of court proceedings would be initiated in case of non-compliance. Imaan and Hadi’s rearrest 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 (IHCBA) 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 Islamabad High Court’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 her husband 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).

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