ATC rejects plea to drop terrorism charges against Imaan, Hadi

An Anti-Terrorism Court (ATC) in Islamabad has rejected a request to remove terrorism charges against lawyer Imaan Mazari and her husband, advocate Hadi Ali Chattha, in a case involving the alleged removal of barricades and violation of a designated route during the arrival of an international cricket team.

The hearing took place on Saturday before ATC Judge Tahir Abbas Supra. The proceedings continued despite a boycott by the accused and their lawyers, who objected to the handling of the case and raised concerns over their right to a fair trial.

The court dismissed the couple’s application seeking the removal of terrorism-related provisions without hearing their lawyers or granting additional time. Judge Supra observed that the application could not be heard at the current stage of the proceedings. He also stated that he lacked the authority to review his earlier order framing charges against the accused.

Defence lawyer Zainab Janjua told the court that the application had been filed on the instructions of Imaan and Chattha. She subsequently announced that she had no further instructions from the couple and would withdraw from the proceedings. She also requested that her objection to the trial proceeding in the accused persons’ absence be formally recorded.

The court also turned down a request to adjourn the hearing because defence lawyer Riasat Ali Azad was unavailable. Janjua informed the judge that Azad was with the bar president, who was unwell.

During the hearing, Chattha questioned why he and his wife were not being physically produced before the court. Appearing through a video link, he said they respected the judge but wanted the case to proceed in accordance with the principles of a fair trial.

Chattha also questioned how charges had been framed when the couple had not been physically present in court. Referring to Article 10 of the Constitution, he raised concerns about the protection of their right to a fair trial.

Judge Supra responded that the couple had challenged the framing of charges and could seek relief from the Islamabad High Court if the charges had not been framed in accordance with the law. The judge also questioned a prison official over the failure to produce Imaan and Chattha before the court and sought an explanation.

Meanwhile, the court recorded statements from three prosecution witnesses. They included a witness to the registration of the first information report (FIR), the police official responsible for maintaining the relevant record, and a witness to the personal search of the accused.

The court summoned the remaining prosecution witnesses for Monday and adjourned further proceedings until then.

Imaan Mazari and Hadi Ali Chattha were rearrested on September 17, shortly after the Supreme Court granted them bail and suspended their sentences in a separate case concerning social media posts. They were subsequently presented before an Islamabad ATC in connection with a case registered at Kohsar Police Station.

Police had sought their physical remand for 30 days, but the court rejected the request and sent them to judicial custody. The judge noted that although the couple had been named in the FIR as members of an alleged unlawful assembly, no weapon had been attributed to either of them.

The case also saw a dispute over the couple’s legal documentation and appearance through video link. On September 27, the court issued a contempt notice to the superintendent of Adiala Jail after the authorities failed to facilitate the signing and transmission of documents and did not produce the accused through video link.

The matter was resolved two days later after Imaan and Chattha signed the required powers of attorney. On September 29, the court concluded the contempt proceedings against the jail authorities and confirmed that notices had been issued on the couple’s bail applications.

The trial in the barricade removal case is scheduled to resume on Monday, when the court is expected to record further prosecution evidence.