IHC directs Interior secy to submit details of cases against Imaan

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday, directed the secretary Interior to submit details of cases registered against human rights lawyer, Imaan Mazari, and also restricted the authorities from shifting her out of the federal capital.

A single bench of Justice Miangul Hassan Aurangzeb heard the petition of former Human Rights minister Shireen Mazari seeking bail for her daughter and a list of cases registered against her.

During the hearing, Shireen appeared before the court along with her lawyers, Salman Akram Raja and Qaiser Imam.

The lawyers argued that it has become necessary to file such a plea as two cases related to terrorism and sedition were registered against Imaan. She was arrested in both cases and acquired bail in both cases but as soon as she was released from Adiala jail, she was arrested in a third case, the counsels informed the court.

Justice Miangul observed that the country is passing through some difficult times. He added that Imaan had appeared before this court and I told her to ask her mother to control her tongue and Imaan assured us she would. But then Imaan did not control her own tongue.

He remarked that year 2023 is the darkest in our history in terms of upholding the Constitution and the judiciary. The petitioner’s counsels contended that the cases registered against Imaan are based on mala fide. They argued that if a crime has been committed then it is up to the courts to decide.

They requested the court to direct the authorities to disclose how many cases have been registered against Imaan. They also requested the court to restrain the authorities from shifting Imaan out of Islamabad in any other case.

The IHC bench asked the Interior secretary how many cases are registered against Imaan across the country. He also directed him to seek reports from the provinces and inform the court on Thursday (today) about the total cases registered against Imaan. The court restricted the authorities from shifting the human rights lawyer from Islamabad while she is under arrest. The Interior secretary was directed to ensure the implementation of court’s orders.

Meanwhile, Pakistan Tehreek-e-Insaf(PTI) chairman approached the IHC against the appointment of Judge Abul Hasnat Zulqarnain, an anti terrorism court (ATC) judge, to the special court to hear cases filed under the Official Secrets Act.

The petition, filed through advocate Sher Afzal Marwat cited the State through Secretary Law and Justice Division; Interior Ministry secretary; DG FIA, Chief Commissioner and Deputy Commissioner, Islamabad and Inspector General of Police; Adiala and Attock Jails’ superintendents and Judge Zulqarnain as respondents.

The petition raised objections to the Law Ministry’s notification allowing the trial to be heard in prison.

It alleged that the special court judge was “lacking the essential qualification” for the role, citing the qualification of an ATC judge had been defined under Section 13(2) of the Anti Terrorism Act, 1997.

“Therefore, reducing the rank and status of administrative judge ATC 1, Islamabad to the status of a magistrate is a mockery of the law and void-ab-initio,” it added.

It went on to state that an ATC judge was defined under Sections 13 (establishment of ATC) and 14 (composition and appointment of presiding officers of ATCs) of the ATA, according to which, the presiding judge of an ATC, “under no stretch of imagination, could be a magistrate.”

Copyright Business Recorder, 2023