IHC takes up Imaan, Hadi’s appeals against framing of charges in security breach case

The Islamabad High Court (IHC) on Monday heard appeals by human rights lawyer Imaan Mazari and her husband, Hadi Ali Chattha, against an anti-terrorism court's (ATC) order rejecting their petitions regarding the framing of charges and the inclusion of terrorism-related provisions in a security breach case. The division bench, consisting of Justices Inaam Ameen Minhas and Shahrukh Arjumand, examined the matter, with lawyers Riasat Ali Azad, Zainab Janjua, and others present.

Counsel Riasat Ali Azad contended that the Anti-Terrorism Court (ATC) lacked the authority to pass the impugned order without the requisite authority and that the accused had not received copies of the relevant documents, nor had the charges been read out in their presence. He argued that legal proceedings cannot proceed without the accused and that the charge must be framed in their presence, citing the precedent in the Zulfikar Ali Bhutto case.

The judge questioned whether the trial was conducted via video link, to which the counsel replied that it had initially been held through a video link but transitioned to a jail trial at the recent hearing. Justice Minhas asked whose signatures appeared on the charge document, to which Azad responded that the document bore his signature but lacked those of the accused, which were legally required.

The judge also inquired about the accused's attendance when the charges were framed, to which Azad insisted that they were not present at the time and requested the court to summon the video recording of the proceedings. The court further noted that the copies had not been delivered to the accused in jail, and an affidavit had been submitted to this effect.

The lawyer couple was indicted on October 7 for allegedly disrupting the security route of an international cricket team and inciting public unrest. They were rearrested just a day later on charges of protesting outside the Islamabad High Court (IHC) and allegedly manhandling IHC Bar Association (IHCBA) president. Despite criticisms from rights bodies, politicians, and journalists over the right to a fair trial, the couple was arrested again on March 22, 2024, in connection with another case and produced before an ATC, leading to their detention under judicial remand.