ATC warns Imaan and husband over non-compliance in security breach case

Key Takeaways

Anti-terrorism court (ATC) warns Imaan Zainab Hazir-Mazari and husband Hadi Ali Chattha of non-compliance.
Judge directs couple to record statements under CrPC Section 342 by next hearing on Monday, Oct 26.
Defence seeks delay in verdict pending Islamabad High Court ruling on transfer plea.

An anti-terrorism court (ATC) in Islamabad has warned human rights lawyer Imaan Zainab Hazir-Mazari and her husband Hadi Ali Chattha that a verdict could be issued without their testimony if they continue to refuse to record statements under Section 342 of the Code of Criminal Procedure (CrPC).

During a hearing at Adiala jail on Saturday, ATC Judge Tahir Abbas Sipra directed the couple to record their statements at the next hearing, scheduled for Monday, October 26. The judge stated that if they did not comply, the court would mention in its order that no response had been submitted.

Hadi Ali Chattha requested that the state counsel record the statement on their behalf, but the judge clarified that recording statements under Section 342 was a matter between the court and the accused, and they would have to respond themselves.

Imaan Zainab Hazir-Mazari stated, 'We will not record the statement under Section 342.' The couple is facing a jail trial in a 2024 case related to the alleged disruption of an international cricket team’s security route and incitement to public unrest.

The court had previously appointed Atif Mehmood as the state counsel to cross-examine the prosecution witnesses, replacing Taimoor Janjua, who was dismissed from the case over his past conduct. The court had ruled to appoint the state attorney after the defence counsel failed to cross-examine the prosecution witnesses.

The defence has filed an application requesting the trial court to refrain from delivering a final judgement until the Islamabad High Court (IHC) decided a petition seeking the transfer of the case to another court. The application stated that the transfer petition was already pending before the IHC and requested that this development be made part of the trial court’s judicial record.

The defence also pointed out that the appointment of the state counsel had been challenged before the IHC. The application urged the trial court to defer its final decision until the high court ruled on the transfer petition.

The case involves the alleged removal of barriers from the security route of an international cricket team, which is believed to have incited public unrest. The couple was indicted on October 7, 2024.