ATC grants Imaan Mazari, husband bail as IHC strikes down physical remand in ‘terrorism’ case

The Islamabad Anti-Terrorism Court (ATC) granted bail to human rights lawyer Imaan Zainab Mazari-Hazir and her husband Hadi Ali on a bail bond of Rs20,000, it emerged on Thursday.

The couple was arrested on Monday by the Islamabad police for allegedly “creating a security risk” during the England cricket team’s visit by removing road barriers.

A video, shared on social media on October 25, purportedly showed Imaan and Ali moving road barriers to clear the path for traffic.

Earlier today, the Islamabad High Court (IHC) struck down the three-day physical remand handed down by ATC on Tuesday. It also ordered the duo to be sent to jail on a 14-day judicial remand.

On Wednesday, human rights organisation Amnesty International said the duo’s “arrest and continued detention” was a “violation of their rights to due process”.

It highlighted that the charges of terrorism were “not commensurate with any offences the lawyers are alleged to have committed.

“Such action by the authorities is excessive, disproportionate and in violation of Pakistan’s obligations under international law,” Amnesty said.

IHC hearing

Thursday’s case was heard by Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz, while the couple’s lawyers Qaiser Imam and Zainab Janjua appeared in the court.

The court directed the prosecutor to read the remand application, after which Justice Farooq asked whether he thought the remand order was fine. The prosecutor affirmed that it was.

“According to the Lahore High Court guidelines, remand orders are like this,” the chief justice said.

Imam chimed in to say that the physical remand was suspended yesterday (Wednesday) but the status has not been cleared yet.

“We should issue a short order to send them on judicial remand,” Farooq said, following which the court ordered Imaan and Ali to be sent to jail on judicial remand.

The court then struck down the couple’s physical remand, saying “the ATC’s judge did not give concrete reasons for the physical remand.”

Previous arrests

In August last year, Imaan was arrested by the Islamabad police along with former lawmaker Ali Wazir in a sedition case over a speech made at a rally.

After getting bail in that case after over a week, she was re-arrested outside the Adiala Jail in Rawalpindi in a terrorism case the same day.

She was released from jail on Sept 2, 2023, after an Islamabad anti-terrorism court granted her post-arrest bail.

Condemnations

The Human Rights Commission of Pakistan (HRCP) on Monday condemned the couple’s arrest on “vague charges of ‘creating a security risk’.”

“Both are committed, well-respected human rights defenders, whose arbitrary arrest is symptomatic of the rapidly shrinking space for activists in Pakistan. Ms Mazari-Hazir and Mr Ali must be released immediately and unconditionally and all charges against them dropped,” the group said in a post on X.

Former PTI MPA Taimur Saleem Jhagra condemned Imaan and Ali’s arrest, calling for their immediate release.

“People like Imaan, regardless of their criticism of my party, are the strongest voices for the oppressed in society. Their courage needs to be recognised and celebrated,” he said in a post on X.

“The struggle for a society where the law is not at someone’s discretion is only going to be winnable when all those when all those voices who actually care about a just society and the end of this police state, join forces for a principle. That time is now.”

Veteran journalist Hamid Mir called the couple’s arrest “unacceptable”, saying in a post on X that their arrest “may satisfy the egos of some powerful people but it will give very bad name not only to [Prime Minister Shehbaz Sharif] but to the whole state of Pakistan”.

Government spokesperson for legal affairs Barrister Aqeel Malik also strongly condemned the arrest while speaking in an interview on Geo News show ‘Capital Talk’.

“This is an upsetting incident and I condemn it. I am a lawyer first and a politician second. This incident requires introspection because we need to get rid of VIP culture, such as getting rid of roadblocks.

“I understand there are security concerns, but this should not happen. I stand with her and I outrightly condemn this in the highest form … It is my position that this is inherently wrong and I will bring this up at all forums and say wherever I get the chance, even to the government, that this should not happen.”