ISLAMABAD: The Anti-Terrorism Court (ATC), on Monday, handed over former parliamentarian Ali Wazir and human rights lawyer, Imaan Zainab Mazari, to the police on three-day physical remand in a sedition case registered against them.

Police produced Wazir and Imaan before ATC judge Abul Hasnat Zulqarnain for obtaining their physical remand amid tight security arrangements. Wazir was brought to court with his face covered with a piece of cloth.

The judge, while announcing its reserved verdict, granted police three-day physical remand of both accused in the sedition case, registered under the Anti-Terrorism Act (ATA), 1997.

An first information report (FIR) was registered on the complaint of Inspector Mohammad Ashraf under Pakistan Penal Code (PPC) Sections 124A (sedition), 148 (rioting, armed with a deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 153 (inciting to riot), 153A (promotion of enmity between groups) and 506 (punishment for criminal intimidation). Sections 7 (punishment for acts of terrorism) and 11 (power to order forfeiture) of the Anti-Terrorism Act read with Section 21i were included as well. The case was registered after both accused addressed Pashtun Tahafuz Movement (PTM) rally at Tarnol.

The inspector said he was present at Tarnol when a PTM rally of around 900-950 people blocked GT road. He said Pashteen, Imaan, and others had spoken against state institutions and their heads in their speeches, attempted to incite rebellion, weaken the army, compel officers to abandon their duties, promote terrorism, warned of dire consequences for the judiciary, and called on people to engage in civil war and strife.

During the hearing, Imaan’s counsel Zainab Janjua, while arguing before the court, said that the police had already been given one-day remand of her client but they did not conduct any investigation. Police have taken into custody her client’s mobile phone and laptop, she said, adding that two cases of similar nature had been registered against her client in a single incident.

“Imaan Mazari is a lawyer and she appeared before the investigators in the past and will also appear now, therefore, it was not necessary to remain in police custody”, she further argued.

The judge asked the prosecutor what are the allegation against the accused. The prosecutor Raja Naveed told the court that said that the accused had made an anti-state speech at a rally held in the city. He further said that a similar case had been registered against Imaan in 2022. The same case was quashed after her unconditional apology, he said.

The prosecutor said that police need physical remand of the accused in order to trace more suspects through them. The remand of the accused is also necessary for their voice matching and photogrammetric test, he said. He requested the court to approve the remand in order to conduct further investigation from them.

The defence counsel, while opposing the prosecutor’s request, questioned why police had not presented evidence against his client. “Why has not the photogrammetric test or voice matching test been done as yet?” she further asked.

She said that her client’s speech is available on social media. Her laptop and mobile phone are also with the police, the lawyer said. “What will you achieve by keeping her in police custody?” she asked.

She informed the court that her client was taken into custody while she was in her sleeping suit and was also brought to court in the same. “The police have perhaps forgotten that they also have mothers and sisters at home,” the lawyer said.

Prosecutor Naveed requested the court to grant10-day physical remand of both Imaan and Wazir.

During the hearing, Wazir came to the rostrum and said that the caretaker interior minister told us to hold a public gathering at Tarnol instead of outside the Supreme Court. As per the instruction of the interior minister, we held a public gathering at Tarnol, he said, adding that as soon as our jalsa ended, the interior minister tweeted and thanked us and also contacted him.

The court, after hearing arguments, reserved its verdict.

Later, while announcing its verdict, granted three-day physical remand of Imaan and Wazir.

Copyright Business Recorder, 2023