An Islamabad anti-terrorism court (ATC) on Monday granted police three-day physical remand of human rights lawyer Imaan Zainab Mazari-Hazir and former lawmaker Ali Wazir in a sedition case.

Wazir was arrested on Saturday, while Imaan was picked up from her home in the early hours of Sunday. On Saturday, two first information reports (FIR) were registered against the two at Islamabad’s Tarnol police station and Counter-Terrorism Department (CTD) police station.

The arrests were made two days after a public meeting, organised by the Pashtun Tahaffuz Move­ment (PTM). Wazir, a PTM member, and Imaan had both addressed the rally. Videos circulating on social media showed speakers critici­sing the military establis­hment over enfor­ced disappearances.

On Sunday, the two were presented in the court of Judicial Magistrate Ihtasham Alam Khan. According to the detailed court order, the investigating officer (IO) requested a 10-day physical remand in the sedition case, registered under Anti-Terrorism Act (ATA), 1997.

The judge had granted one day’s remand and ordered police to present the two before an anti-terrorism court on Monday (today).

Subsequently, the two were produced by police in the court of ATC judge Abul Hasnat Zulqarnain earlier today. Before the hearing began, Imaan embraced her mother Shireen Mazari and became teary eyed.

Imaan’s legal team, including Zainab Janjua, were present for today’s hearing. Taking the rostrum, Janjua argued that police had already been given one-day remand of her client. “Police have not yet found anything,” she said, adding that officials had also not investigated anything related to Imaan.

“Imaan Mazari is not running away. She is here,” she argued. The counsel also pointed out that officials had seized Imaan’s mobile phone and laptop, adding that two cases of a similar nature had been registered against her client.

The lawyer insisted that it was not necessary for her client to remain in police custody and asked the court to remand her in judicial custody.

“What are the allegations against Imaan Mazari?” the judge asked. At this, Prosecutor Raja Naveed said that a rally was held in Islamabad where anti-state speeches were made.

The prosecutor also pointed out that a similar case had been registered against Imaan in 2022. He said that officials had not seized more evidence from the suspect and also had to conduct her photogrammetric test and voice matching test as he urged the court to grant police physical custody.

He stated that officials also had to trace more suspects through Imaan and Wazir.

However, Janjua interjected and wondered why officials had not presented evidence against his client. “Why hasn’t the photogrammetric test or voice matching test been done as yet?” she asked.

“Her speech is there on social media. Her laptop and mobile phone are also with the police,” the lawyer pointed out. “What will you achieve by keeping her in [police] custody?” she asked, adding that officials wanted to prove that Imaan was a “terrorist”.

The lawyer also pointed out that Imaan was taken into custody while she was in her sleeping suit and was also brought to court in the same. “The police have perhaps forgotten that they also have mothers and sisters at home,” the lawyer said. Imaan’s legal team then sought permission from the court to meet their client.

“She fainted yesterday. We were unable to meet her at the police station,” the lawyer said. “Imaan Mazari wants accountability of institutions for which she is being called a terrorist,” she said.

However, prosecutor Naveed said that to criticise the head of the institution was to criticise the institution itself. He then sought 10-day physical remand of both Imaan and Wazir.

At this point during the hearing, Wazir came to the rostrum and said, “When I organised the gathering [in Islamabad], I received a call from the caretaker government who told me that we cannot organise it.”

“We said that we want our voice to reach Islamabad. The interim government gave us three locations [but] we said that we must hold the gathering in Islamabad,” he added.

Wazir insisted “nothing wrong” was stated during the public meeting.

After hearing the arguments, the court reserved its verdict and subsequently, granted police three-day physical remand of Imaan and Wazir.

Remand order ‘deeply concerning’: SCBA

The Supreme Court Bar Association (SCBA) termed Imaan’s remand as “deeply concerning” and also strongly condemned her arrest, adding that it viewed it with “grave concern”.

“The order of the ATC not only violates our jurisprudence but also raise questions about the legitimacy of so-called charges under which she has been arrested. It is crucial that legal proceedings are conducted in a transparent and just manner, upholding the principles of justice and human rights,” the SCBA said.

It added that arrests such as hers were not only in clear violation of the rule of law and all principles of fairness and justice but were also in direct contradiction to the fundamental rights enshrined in the Constitution.

“It is truly unfortunate that state which is supposed to guard fundamental rights of the citizens of Pakistan is now actively violating the said rights. The manner in which she has been arrested and subjected to detention followed by three-day remand is utterly unlawful.

“It is crucial to ensure that all individuals accused of any crimes are granted their fundamental rights …, including the opportunity of fair trial,” the SCBA said and demanded Imaan’s immediate release.

“This association would like to reiterate that every citizen has right to be treated in accordance with the law. The successive tactics of arresting people in so-called FIRs (first information report) and grant of unlawful physical remand cannot be condoned in a civilised society where rule of law is protected.”

No individual can be allowed to criticise defence institutions: interior minister

Meanwhile, caretaker Interior Minister Sarfaraz Bugti said on Geo News show ‘Aaj Shahzeb Khanzada Kay Sath’ that no individual could be permitted to criticise institutions responsible for defence or use deplorable language for them.

He said Imaan’s arrest was conducted as per the law and due process with a warrant. Bugti also pushed back against anything being wrong with the late-night arrest, adding that it “makes no difference”.

FIRs registered

Two FIRs were registered against the two on Saturday at the Tarnol police station and CTD police station.

The first FIR was registered on the complaint of Tarnol Station House Officer (SHO) Mian Mohammad Imran under Sections 148 (rioting armed with deadly weapon), 149 (unlawful assembly), 186 (obstructing public servant in discharge of public functions), 188 (disobedience to order duly promulgated by public servant), 341 (punishment for wrongful restraint), 353 (assault or criminal force to deter public servant from discharge of his duty), 395 (punishment for dacoity), 440 (mischief committed after preparation made for causing death or hurt) and 506ii (criminal intimidation) of the Pakistan Penal Code (PPC).

The FIR said that the complainant on Friday at 5pm was present with other police officers at Tarnol Phatak Chowk to maintain peace and calm during a rally of the PTM. It said that the rally led by PTM chief Manzoor Pashteen, including Wazir and Imaan, began moving from the spot allocated to it in violation of its no-objection certificate.

The SHO said when the police officers attempted to stop the rally from moving towards Islamabad then the rally’s 700-800 participants armed with sticks confronted the officials. He said that upon being stopped after attempting to move towards Islamabad again, the crowd blocked both lanes of Grand Trunk (GT) Road by placing containers and staged a demonstration while traffic was completely blocked.

SHO Imran said when the PTM leadership and supporters were asked to open GT road for traffic, the rally participants attacked the police while issuing threats of dire consequences, broke mirrors of official vehicles, forcefully shut down shops and a petrol pump and snatched anti-riot kits from the police.

The second FIR was registered on the complaint of Inspector Mohammad Ashraf under PPC Sections 124A (sedition), 148 (rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 153 (inciting to riot), 153A (promotion of enmity between groups) and 506 (punishment for criminal intimidation). Sections 7 (punishment for acts of terrorism) and 11 (power to order forfeiture) of the Anti-Terrorism Act read with Section 21i were included as well.

The inclusion of 124A (sedition) in the FIR remains a source of confusion as the Lahore High Court (LHC) had in March invalidated the section, which pertains to the crime of sedition or inciting “disaffection” against the government, terming it inconsistent with the Constitution.

The inspector said he was present at Tarnol when a PTM rally of around 900-950 people blocked GT road. He said Pashteen, Imaan and others had spoken against state institutions and their heads in their speeches, attempted to incite rebellion, weaken the army, compel officers to abandon their duties, promote terrorism warned of dire consequences for the judiciary and called on people to engage in civil war and strife.

The FIR specifically pointed out Pashteen and Imaan for attempting to create distance between Pakhtuns and the army and spreading fear in the public by threatening of marching towards Islamabad.

On Friday, up to 3,000 people had attended the protest in Islamabad, where both Imaan and Wazir gave speeches condemning harassment against Pakhtuns and called for missing people to be returned.

“You are being stopped as if you are the terrorists, while the [Pakistani] Taliban have taken over your homes again,” Imaan had told the crowds in a video posted on social media.

A PTM spokesman had told AFP that dozens more members were also detained since the protest being held in the capital.

Additional reporting by Haseeb Bhatti.