Human rights lawyer Imaan Zainab Mazari-Hazir and her spouse Hadi Ali Chattha have filed appeals in the Islamabad High Court (IHC) against their convictions in the security breach case. The appeals were filed on a Friday, and the couple has also asked the court to suspend their sentences and release them on bail while the appeals are pending. Advocates Faisal Siddiqui, Riasat Ali Azad and Zainab Janjua filed the appeals under the Anti-Terrorism Act and the Code of Criminal Procedure (CrPC).
The sentences
An anti-terrorism court (ATC) convicted the two on October 29 and sentenced each of them to 10 years in prison in the security breach case. The court also imposed one-year sentences and fines of Rs50,000 each under Section 186 of the Pakistan Penal Code (PPC), which deals with obstructing a public servant in the performance of public functions. Under Section 353 of the same code, which covers assault or criminal force used to stop a public servant from doing his duty, each was given a two-year term.
What the appeals argue
The appellants' counsel told the court that the trial failed to meet the standards of a fair trial. According to the appeals, the charge was framed without copies being provided under Section 265-C of the CrPC, and a plea of "not guilty" was recorded on their behalf even though no plea had been taken. The appeals also say prosecution evidence was recorded in the absence of the appellants and their lawyers.
The appeals challenge the jail trial, arguing that it was conducted in a manner similar to a secret trial and without lawful authority. They further claim the couple was not allowed proper, confidential consultation with their counsel, and that state counsel was assigned against their stated wishes. The trial court continued the case even though a transfer application was pending before the high court, the appeals say, in violation of Section 526(8) of the CrPC.
On the merits, the appeals argue that the conviction under Section 7 of the Anti-Terrorism Act (ATA) cannot stand because the prosecution did not prove the design or purpose that Section 6 of the same law requires. The appeals quote the trial court itself as describing the incident as "a very common nature, ordinary type of incident."
Timeline: what has happened so far
- October 29: The anti-terrorism court sentenced Imaan Zainab Mazari-Hazir and Hadi Ali Chattha to 10 years in prison each in the security breach case.
- A Friday (exact date not stated): The couple filed appeals in the Islamabad High Court against their convictions and applied for suspension of sentences and bail pending appeal.
The high court will now take up the appeals and the bail applications.
Aasan alfaaz mein
Imaan Zainab Mazari-Hazir aur Hadi Ali Chattha ko security breach case mein anti-terrorism court ne 29 October ko 10 saal ki saza sunai thi. Dono ne Islamabad High Court mein appeal daayar ki hai aur saza muattal karne aur bail ki darkhwast ki hai. Unka kehna hai ke trial mein qanooni taqaza poore nahin huay. Aam shehri ke liye yeh ek adalati muqadma hai, jis ka faisla ab high court karegi.
