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ISLAMABAD: An anti-terrorism court (ATC) on Saturday sought a written explanation from jail authorities after Imaan Mazari and her husband, Hadi Ali Chattha, failed to appear before the court as directed.
The case concerns allegations that the couple removed security barriers erected for the English cricket team. The court had ordered authorities to produce them, but neither appeared at the start of the hearing.
ATC Judge Tahir Abbas Sipra directed prosecution and police officials to contact jail authorities and establish why they had not brought the couple to court. He ordered officials to submit a written explanation through WhatsApp by 11am.
The couple later joined the proceedings through a video link. Dr Shireen Mazari also attended, alongside lawyers Zainab Janjua and Aimal Khan.
Advocate Aimal Khan asked the court to ensure the couple’s personal appearance. He said an earlier order had directed authorities to produce them either physically or through a video link.
Judge Sipra also questioned why officials had failed to bring the accused to court despite his earlier instructions. He directed a prison official to arrange chairs for the couple during their video-link appearance.
At the start of the hearing, the judge asked about photographs taken during the previous proceedings and temporarily banned mobile phones inside the courtroom. He later lifted the restriction after court reporters requested its removal.
Advocate Zainab Janjua informed the court that the couple had challenged the framing of charges before the Islamabad High Court (IHC). The high court had scheduled their petition for Monday.
She asked Judge Sipra to postpone further proceedings until the IHC considered their challenge. Janjua also said senior counsel Riasat Ali Azad was unavailable and requested an adjournment.
The judge observed that the high court challenge did not automatically stop the trial court from continuing proceedings.
“What does it matter? If the framing of charges is set aside, the entire proceedings will come to an end,” Judge Sipra remarked.
He also questioned why the trial had stalled, noting that superior courts had already addressed related matters and that officials had previously received a show-cause notice.
During the video-link hearing, Chattha told the court that he and his wife respected the judge and had regularly appeared before him.
He referred to the principle of a fair trial and questioned why authorities had not produced them in court.
“Why are we not being produced before the court?” Chattha asked, raising concerns about their right to a fair trial under Article 10 of the Constitution.
He also referred to newspaper reports stating that the court had framed charges against the couple.
Judge Sipra asked whether they had challenged the framing of charges. He observed that the high court could set aside the charges if the court had not framed them in accordance with the law.
After the adjournment, jail authorities submitted a report stating that Islamabad Police had failed to provide an escort to bring Mazari and Chattha to court.
The court noted that the lack of the required security arrangements had prevented officials from producing the couple.
Janjua argued that the report showed the state had failed to ensure the accused appeared before the court.
“On the one hand, the state is asking the court to record the witnesses’ statements today, while, on the other, the same state is failing to provide security for Imaan and Hadi to appear before the court,” she said.
She maintained that the authorities’ failure undermined the couple’s right to a fair trial.
The court later disposed of the petition seeking the dropping of terrorism charges. It observed that it could not grant the requested relief at that stage without hearing arguments from the couple’s lawyers, who had boycotted the proceedings.
The court adjourned the matter after considering the report from jail authorities.
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Mazari and Chattha have remained in jail since their arrest on January 23 in a case linked to a protest outside the Islamabad High Court. Authorities also accused them of manhandling the president of the IHC Bar Association.
Their arrest drew criticism from rights organisations, politicians and journalists, who called for the protection of their right to a fair trial.
A day after their arrest, a sessions court sentenced the couple to 17 years in prison on multiple charges under the Prevention of Electronic Crimes Act (PECA). The case concerned controversial social media posts.
Lawyers and United Nations experts condemned the convictions.
On September 17, the Supreme Court suspended their sentences and ordered their release while the IHC considered their appeals against the trial court’s decision.
However, Islamabad Police arrested the couple again hours after the Supreme Court issued its order. Police produced them before an ATC, which sent them to jail on judicial remand in a separate case.
Authorities registered the fresh case at Islamabad’s Kohsar police station on March 22 last year. City Magistrate Ghulam Murtaza Chandio filed the complaint.
The FIR accused Mazari and Chattha of chanting anti-government slogans and blocking roads. Police named both in the report.
The FIR did not initially include any provisions of the Anti-Terrorism Act (ATA).
Instead, it cited several sections of the Pakistan Penal Code, including Section 188 for disobeying a lawful order, Section 341 for wrongful restraint and Section 506 for criminal intimidation.
It also included Section 353, which covers assault or criminal force against a public servant performing official duties, and Section 186, which concerns obstruction of a public servant.
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