Human rights lawyer Imaan Zainab Mazari-Hazir and her spouse, Advocate Hadi Ali Chattha, filed formal appeals in the Islamabad High Court on Friday to overturn their convictions in a 2024 security breach case, Dawn reported. The legal filings also request the immediate suspension of their 10-year prison sentences and release on bail pending the outcome of the proceedings.
The joint appeals were brought forward under Section 25 of the Anti-Terrorism Act combined with Section 410 of the Code of Criminal Procedure by legal counsel Faisal Siddiqui, Riasat Ali Azad, and Zainab Janjua. An anti-terrorism court handed down the 10-year sentences on October 29 following a trial conducted inside Rawalpindi’s Adiala Jail. The trial court also imposed supplementary penalties under the Pakistan Penal Code, including one-year sentences and fines for obstructing public servants, alongside two-year terms for using criminal force to deter officials from their duties.
Defense Filings Challenge Trial Court Procedure
The defense filings argue that the trial court’s proceedings violated fundamental legal safeguards and constitutional guarantees. According to the appeals, the trial court failed to provide mandatory copies of documents under Section 265-C of the CrPC before framing charges, and recorded a not-guilty plea on behalf of the appellants without their actual input.
The defense contended that prosecution evidence was gathered in the absence of the accused and their legal counsel, directly conflicting with Section 353 of the CrPC and Article 10-A of the Constitution. The legal team also challenged the decision to conduct a jail trial, describing the environment as a secret proceeding that denied the couple confidential consultations with their lawyers. The appeals point out that the trial court proceeded with the verdict despite a pending transfer application before the high court, which violates Section 526(8) of the CrPC.
Regarding the core merits of the litigation, the defense maintained that the trial court failed to fulfill fair trial standards, rendering the resulting conviction an outcome of openly arbitrary and unlawful proceedings. The appeal notes that the trial court itself characterized the initial confrontation as an ordinary, common-nature incident that occurred while the couple was traveling to court and encountered security barriers.
International Monitors Express Alarm over Proceedings
The legal challenge coincides with mounting pressure from international human rights monitors.
The organizations expressed alarm over applying counterterrorism legislation to ordinary public order disputes. The statement highlighted that the defendants were confined to a cage-like structure during the Adiala Jail proceedings, which hindered effective communication with their defense team.
