Imaan and Hadi's arrest: ATC judge irked over IO's absence, police failure to present case record

The anti-terrorism court (ATC) in Islamabad expressed strong frustration on Monday over the lack of the investigating officer (IO) and the police's failure to present a case record during the bail hearing for lawyers Imaan Zainab Mazari-Hazir and her husband Hadi Ali Chattha. Judge Abul Hasnat Muhammad Zulqarnain scolded the deputy superintendent of police (DSP) and the security head after hearing that the IO was away on business.

Repeatedly questioning the DSP about the IO's whereabouts and the case record, the judge demanded concrete evidence rather than mere verbal assurances. The DSP confirmed that the IO was in Gilgit-Baltistan and provided a printout of a WhatsApp message as evidence. However, the judge refused to accept the printout and insisted on obtaining the original document.

The DSP then informed the court that the IO's phone was off, and it would take 10-15 days to reach him. The judge threatened to detain both the DSP and superintendent of police (SP) for six months if the required record was not produced. The judge criticized the lack of an effective judicial enforcement mechanism and the outdated system that had remained unchanged since 1898 and 1860.

Defense counsel Riasat Ali Azad argued that all sections in the first information report (FIR) except for terrorism provisions were bailable, and the court had previously dismissed their request for physical remand. Azad also accused authorities of undermining the judicial process by not presenting the investigation record. The prosecution maintained that the record was unavailable due to the IO's absence.

The judge dictated an order addressing the IO's unavailability and adjourned the hearing until October 13. Imaan and Hadi were arrested on January 23 for protesting outside the Islamabad High Court and allegedly physically assaulting the IHC Bar Association president, leading to a 17-year sentence under the Prevention of Electronic Crimes Act (Peca) case.

This conviction was widely condemned by human rights groups and UN experts. Despite a Supreme Court suspension of their sentences on September 17, the couple was rearrested on March 22 for chanting anti-government slogans and blocking roads. They were later produced in an ATC, which sent them to jail on judicial remand.