An Islamabad anti-terrorism court (ATC) has demanded an explanation from jail authorities for failing to present human rights lawyer Imaan Mazari and her husband, Hadi Ali Chattha, in a case concerning the removal of security barriers for the English cricket team. The court hearing took place on Saturday under Judge Tahir Abbas Sipra, who questioned why the accused were not produced despite a prior court order.
Neither Mazari nor Chattha appeared in court initially, and no representative from the jail administration was present to clarify their absence. The judge instructed prosecution and police officials to contact jail authorities and submit a written explanation via WhatsApp by 11am. Advocate Aimal Khan requested the court to ensure the couple’s appearance, noting that the earlier order required their production either physically or through video link. The couple was later presented through video link.
Legal proceedings and defence challenges in Islamabad ATC
Dr Shireen Mazari appeared in court alongside lawyers Zainab Janjua and Aimal Khan. Janjua informed the court that the defence had challenged the framing of terrorism charges before the Islamabad High Court (IHC), with the petition scheduled for hearing on Monday. She requested the ATC to defer proceedings until the high court reviewed the challenge.
The couple was indicted by the ATC on the previous Tuesday. They opposed the framing of charges, arguing they had not been provided copies of the case record or allowed to meet their lawyers. Judge Sipra noted that if the high court set aside the indictment, it could affect the proceedings but questioned why the trial should be halted solely because the charges were challenged. He emphasized that the petition did not automatically prevent the trial court from continuing.
During the video-link hearing, Chattha told the judge that they respected him and had consistently appeared before the court. He questioned why they were not being produced in person and expressed concern about their right to a fair trial under Article 10 of the Constitution, especially after learning from media reports that charges had been framed against them.
Janjua also questioned the jail authorities’ failure to produce the accused despite standard operating procedures and sought an adjournment due to the unavailability of senior counsel Riasat Ali Azad. The judge imposed a temporary ban on mobile phones inside the courtroom, which was later lifted following a request from court reporters. He also directed a prison official to arrange chairs for the accused during their video-link appearance.
Jail authorities’ report and court observations on security failure
After an adjournment, a report from jail authorities revealed that Islamabad Police had failed to provide an escort to bring Mazari and Chattha to court. The court observed that the accused could not be produced because the police did not provide the necessary security.
Janjua argued that the report demonstrated the state’s failure to ensure the couple’s appearance. She highlighted the contradiction of the state requesting the court to record witness statements while failing to provide security for the accused to appear. She maintained that this failure undermined the accused’s right to a fair trial.
Details of the couple’s arrest and related legal cases
Mazari and Chattha have been in custody since their arrest on January 23 in connection with a protest outside the Islamabad High Court and alleged mistreatment of the IHC Bar Association president. A day after their arrest, a sessions court sentenced them to 17 years on multiple charges under the Prevention of Electronic Crimes Act (Peca) related to controversial social media posts. Their convictions faced criticism from lawyers, rights organisations, politicians, and United Nations experts.
On September 17, the Supreme Court suspended their sentences and ordered their release pending the Islamabad High Court’s final decision on their appeals. However, Islamabad Police re-arrested the couple hours later in connection with another case. An ATC subsequently sent them to jail on judicial remand.
The new case was registered at Kohsar Police Station on March 22 last year following a complaint by City Magistrate Ghulam Murtaza Chandio. The couple was accused of chanting anti-government slogans and blocking roads. The first information report named them and included charges of disobedience of a public servant’s order, wrongful restraint, criminal intimidation, assault or use of criminal force against a public servant, and obstruction of a public servant in performing official duties. The report noted that no provision of the Anti-Terrorism Act was included when the case was initially registered.
