ISLAMABAD: The anti-terrorism court (ATC) of Islamabad on Tuesday handed custody of lawyer and rights activist Imaan Mazari-Hazir and her spouse Hadi Ali Chattha on a three-day physical remand for allegedly interfering in government protocol and removing security barriers.

The two lawyers were detained under terrorism charges.

In court proceedings, Ms Mazari-Hazir and Hadi Ali’s defence team, which included advocates Attaullah Kundi, Zainab Janjua and Ahsan Pirzada, argued that terrorism charges were excessive, pointing out that the accused merely attempted to remove a barrier and that the act did not qualify as terrorism.

The defence argued that the case could, at most, involve government interference and should not warrant the more severe implications associated with terrorism.

The prosecutor, however, requested a longer, 30-day remand to carry out a comprehensive investigation, including video analysis and voice matching.

The prosecution cited concerns for the safety of international guests, likening the situation to prior attacks on foreign sports teams, such as the Sri Lankan team attack.

They argued that the incident had created security vulnerabilities and justified terrorism charges.

Qaiser Imam, representing the defence, questioned the need for such a lengthy remand, especially when the individuals allegedly involved in the confrontation were in plainclothes, casting doubt on whether they could be clearly identified as officials.

Imam Mazari-Hazir also argued that the case had brought an atmosphere of fear among lawyers, as they faced charges that might not meet the legal threshold for terrorism.

After hearing both sides, ATC Judge Abual Hasnat Mohammad Zulqarnain approved three-day physical remand for both Mazari-Hazir and Hadi Ali.

The capital police on Monday arrested them on terrorism charges after the couple engaged in an altercation with the traffic police officials who had barricaded the route near Zero Point to ensure the safe movement of the English cricket team.

In light of the altercation, a case was registered with Aabpara police station on Friday and the police arrested the couple on Monday while they were heading towards the Red Zone via Margalla Road.

The FIR was registered under Section 7 of the Anti-Terrorism Act along with sections 506 ii (punishment for criminal intimidation), 353 (assault or criminal force to deter public servant from discharge of his duty), 186 (obstructing public servant in discharge of public functions), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the PPC.

ATC grants bail to 86 ‘suspects’

Another ATC Judge Tahir Abbas Sipra on Tuesday granted bail to 86 individuals accused of attempting to escape from police custody.

The accused, including two MPAs of Khyber Pakhtunkhwa Assembly, 34 police officers and 42 rescue personnel, were seeking bail.

The bail applications were presented a day earlier, with the defence arguing in favour of releasing the accused while the case proceeds.

After hearing the arguments, the ATC approved bail for all 86 defendants, allowing them temporary freedom as investigation continued.

Published in Dawn, October 30th, 2024

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