ATC seeks case record in Imaan and Hadi bail hearing
ISLAMABAD: An anti-terrorism court (ATC) in Islamabad on Monday expressed displeasure over the absence of the investigating officer (IO) and the failure of police to produce the case record during the hearing of bail petitions filed by lawyers Imaan Zainab Mazari-Hazir and her husband Hadi Ali Chattha.
ATC Judge Abul Hasnat Muhammad Zulqarnain summoned the deputy superintendent of police (DSP) and the security head of the Judicial Complex after being informed that the investigating officer was out of town.
During the hearing, the judge repeatedly asked DSP Legal Naeem Yousuf about the whereabouts of the IO and the investigation record. The judge directed the police to provide documentary evidence rather than relying only on verbal statements.
The DSP initially said the investigating officer was out of town. He later informed the court that the officer was in Gilgit-Baltistan and presented a printout of a WhatsApp message as evidence.
The judge did not accept the printout and directed the police official to produce the original document. The DSP subsequently said the IO’s mobile phone was switched off and that it could take 10 to 15 days to establish contact with him.
The judge warned that failure to produce the required record could result in legal action against the DSP and superintendent of police (SP).
Defence counsel Riasat Ali Azad argued that most of the sections included in the first information report (FIR), apart from the terrorism provision, were bailable. He said the court had already rejected the request for Imaan and Hadi’s physical remand.
The lawyer maintained that the absence of the investigating officer should not delay the bail proceedings and criticised the authorities for failing to present the investigation record.
Another defence lawyer, Zafar Khokhar, also objected to the investigating officer taking the case record with him.
The prosecution maintained that the investigation record was unavailable because the IO was absent.
After hearing the arguments, the judge said he was dictating a detailed order regarding the investigating officer’s absence. The court subsequently adjourned the hearing until October 13.
Background of Imaan and Hadi’s case
Imaan Mazari-Hazir and Hadi Ali Chattha were rearrested in September in connection with a separate protest-related case after the Supreme Court suspended their sentences in another case.
The couple had earlier been arrested over allegations related to a protest outside the Islamabad High Court and other charges. Their legal proceedings have attracted attention from lawyers, rights groups and political figures.
The fresh case was registered at Kohsar police station in Islamabad over allegations that the couple chanted slogans, blocked roads and obstructed public officials.
The FIR initially included provisions relating to disobedience of an official order, wrongful restraint, criminal intimidation, assault or use of force against a public servant, and obstruction of a public servant in performing official duties.
