Islamabad ATC returns Imaan, Hadi's bail pleas in protest case over absence of signed powers of attorney

ISLAMABAD: An anti-terrorism court on Tuesday returned the bail petitions filed by lawyers Imaan Mazari and Hadi Ali Chattha in the Kohsar police station protest case over the absence of signed powers of attorney (vakalatnamas).

The court also issued notices on a separate petition against Adiala jail authorities for allegedly failing to facilitate the signing of the documents.

ATC Judge Tahir Abbas Sipra directed the relevant authorities to respond to the application concerning the powers of attorney.

During the proceedings, lawyers representing Imaan and Chattha told the court that efforts had been made to obtain the required signatures from the detained lawyers, but the jail authorities had not facilitated the process.

Advocate Zainab Janjua said she had made efforts on Friday and Saturday and had also met officials at Adiala jail. However, the authorities maintained that the powers of attorney had to be processed through the official procedure, she said.

She argued that both lawyers were in the custody of the court and had a fundamental right to engage legal counsel.

Judge Sipra then inquired whether the powers of attorney had been attested. Advocate Asif Tamboli pointed out that Imaan’s mother, Dr Shireen Mazari, was present in the courtroom and could verify the relevant details.

The judge observed that a bail petition could not be accepted without the required signatures, to which Tamboli suggested that the court retain the powers of attorney and arrange for their verification personally.

Judge Sipra remarked that rules and regulations were often set aside when lawyers were involved, adding that he would find a way to resolve the matter. He said jail officials would be asked why they were not facilitating the signing of the documents.

The judge also questioned the prosecutor about why the established procedure was not being followed.

At this stage, Imaan’s mother told the court that the two had been arrested from the office of the jail’s deputy superintendent (legal). She alleged that both lawyers had been physically assaulted during their arrest and urged the court to intervene in the matter concerning the signing of their powers of attorney.

The legal team subsequently pursued proceedings against the Adiala jail authorities for allegedly failing to facilitate the signing of the documents.

The court then issued notices to the jail officials on the petition, seeking their response.

Imaan and Hadi were sentenced in January to 17 years on multiple charges under the Prevention of Electronic Crimes Act (Peca) in the controversial social media posts case.

Last week, the Supreme Court had suspended their sentences and ordered their release on bail against surety bonds of Rs200,000 each. The SC ordered the couple’s release on bail pending the Islamabad High Court’s final verdict on their appeals against the trial court’s decision.

However, the reprieve was short-lived as hours later, Islamabad police arrested the couple again in connection with another case and produced them before an ATC, which sent them to jail on judicial remand.

The fresh case in which the two were arrested was registered at the federal capital’s Kohsar police station on March 22 last year on the complaint of City Magistrate Ghulam Murtaza Chandio.

Imaan and her husband were accused of chanting anti-government slogans and blocking roads and were nominated by name in the first information report. However, at the time of registration of the case, no section of the Anti-Terrorism Act had been added.

The fresh arrest was widely condemned by journalists and lawyers, who had termed the development a “mockery of justice”.