An anti-terrorism court (ATC) in Islamabad on Tuesday handed over lawyer and human rights activist Imaan Zainab Mazari-Hazir to police on three-day physical remand.
A day earlier, Imaan and former lawmaker Ali Wazir — who have both been facing cases due to a recent rally held by the Pashtun Tahaffuz Movement (PTM) in Islamabad — had been granted bail in a sedition case.
However, hours later, she was re-arrested by Islamabad police in connection with a case registered on terrorism charges at the Bhara Kahu police station on Sunday.
The fresh FIR has been sealed, but according to a copy seen by Dawn, the case was registered under Section 11-N of the Anti-Terrorism Act, as well as sections 420 (cheating and dishonestly inducing delivery of property) and 506 (criminal intimidation) of the Pakistan Penal Code (PPC). Section 11-N of the ATA deals with punishment under sections 11-H to 11-K, which include charges of fund-raising, use and possession, funding arrangements and money laundering for the purpose of terrorism.
The case was registered on Sunday at 1:15am in response to a complaint lodged by one Shahzad, resident of Nai Abadi Bhara Kahu, against Imaan, Wazir, and others, they added.
Sources quoted the FIR as mentioning that a man, Kamran Khan, met Shahzad in the area of Bhara Kahu on August 8 and introduced himself as human rights activist. He also told the complainant about human rights issues in his area, expressed his intention to work with him to improve the situation and sought his assistance to achieve it, according to the report.
The complainant claimed he gave some amount to Khan who then also arranged his meetings with Ali Wazir, Wasiullah Khan, Noorzada, Badshah Khan, Ovais Khan, Fidaullah, Shah Faisal, Jamal Shah, Irfan Majnoon, Liaquat Ali Yousafzai, Khairullah Aman, Bakht Zada, Mursalin Saeedi, Mohammad Usman, Mohammad Ali, Fayad, Mehran, Taj Nawab Khatak, Sabir Bilal, Pir Jabir, Shams Safi, Adil Khan Safi, Ijaz Khan Safi, Ijaz Khushhal, Gul Pasand and Imaan on different occasions.
Imaan was introduced as their focal person who looked after their affairs in Islamabad, the FIR stated. The complainant stated he was asked not only to remain in contact with her as she would inform him about the future programmes, but also to collect money and give it to her or any other person who they know. All of them wanted to hold a rally on the pretext of human rights and other grounds against the government institutions including armed forces to incite the youth, the complainant stated, adding that their motive was building and strengthening an anti-state narrative to defame Pakistan.
Various people gave donations, in cash and through Easy Paisa, mobile apps and bank transfers. The suspects encouraged youngsters to collect maximum donations to avenge the state institutions, including armed forces, by describing them as their enemy, the FIR stated. However, the complainant said he separated himself from them, with the result that they started threatening him with dire consequences. They also held gatherings at Tarnol and Constitution Avenue from the amount collected as donation in which they attempted to incite people against the state institutions, including armed forces, with the motive of spreading terrorism on political and regional basis, according to the FIR.
‘Case filed while Imaan was in prison’
Earlier today, Imaan was produced before Judge Abul Hasnat Zulqarnain. Prosecutor Raja Naveed and Imaan’s legal team were both present for the hearing.
At the outset of the hearing, the FIR against Imaan was read out loud. The prosecutor then contended that Imaan had been accused of collecting money for anti-state activities.
He called on the court to grant police Imaan’s physical remand for an investigation. “The money [in question] has to be recovered from the suspect,” Naveed said, adding that investigators also needed to nab the other suspects in the case.
On the other hand, Imaan’s lawyer, Zainab Janjua, said that the case was registered on August 26. “Imaan Mazari was in jail on August 26 and her bail petition was to be heard,” she pointed out.
Janjua also said that when Imaan was released from Adiala Jail on Monday, Bhara Kahu police were already present outside the premises.
She further said that the government had granted the PTM a no-objection certificate (NOC) for holding the rally. “Multiple cases can’t be registered for the same incident,” she argued.
She said that if Imaan was discharged in the case today, she would be arrested in another. “Imaan Mazari is not a member of the PTM,” she contended.
The lawyer said Imaan was willing to hand over her bank statement, pointing out that her mobile phone and laptop had already been seized by police. “Why is Imaan Mazari’s physical remand required?” Janjua asked.
She said that Imaan had neither met the person on whose complaint the case was registered nor taken any money from him. Janjua called on the court to discharge her client from the case.
However, the prosecutor then stated that the issuance of a NOC did not mean that one starts raising “anti-state” slogans. He said that officials would “collect evidence” after gaining physical remand of the suspect.
But Janjua then interjected and said that Imaan was cooperating in the case and there was no need for her physical remand. “Courts are being used to settle scores. The courts should also look into this,” she said.
Subsequently, the court reserved its verdict. It later granted police three-day physical remand of Imaan.
Imaan’s legal troubles
Wazir and Imaan were both arrested earlier this month and a pair of first information reports (FIR) were registered against them at Islamabad’s Tarnol police station and Counter-Terrorism Department (CTD) police station.
The arrests were made two days after a public meeting, organised by the Pashtun Tahaffuz Movement (PTM). Wazir, a PTM member, and Imaan had both addressed the rally, with videos circulating on social media showing speakers criticising the military establishment over enforced disappearances.
The first FIR was registered on the complaint of Tarnol Station House Officer (SHO) Mian Mohammad Imran under Sections 148 (rioting armed with deadly weapon), 149 (unlawful assembly), 186 (obstructing public servant in discharge of public functions), 188 (disobedience to order duly promulgated by public servant), 341 (punishment for wrongful restraint), 353 (assault or criminal force to deter public servant from discharge of his duty), 395 (punishment for dacoity), 440 (mischief committed after preparation made for causing death or hurt) and 506ii (criminal intimidation) of the Pakistan Penal Code (PPC).
The FIR said that the complainant was present with other police officers at Tarnol Phatak Chowk to maintain peace and calm during a rally of the Pashtun Tahafuz Movement (PTM). It said that the rally led by PTM chief Manzoor Pashteen, including Wazir and Imaan, began moving from the spot allocated to it in violation of its no-objection certificate.
The SHO said when the police officers attempted to stop the rally from moving towards Islamabad, the rally’s 700-800 participants armed with sticks confronted the officials. He said that upon being stopped after attempting to move towards Islamabad again, the crowd blocked both lanes of Grand Trunk (GT) Road by placing containers and staged a demonstration while traffic was completely blocked.
SHO Imran said when the PTM leadership and supporters were asked to open GT Road for traffic, the rally participants attacked the police while issuing threats of dire consequences, broke mirrors of official vehicles, forcefully shut down shops and a petrol pump and snatched anti-riot kits from the police.
The second FIR was registered on the complaint of Inspector Mohammad Ashraf under PPC Sections 124A (sedition), 148, 149, 153 (inciting to riot), 153A (promotion of enmity between groups) and 506 (punishment for criminal intimidation) as well as Sections 7 (punishment for acts of terrorism) and 11 (power to order forfeiture) of the Anti-Terrorism Act read with Section 21i.
The inclusion of 124A (sedition) in the FIR remains a source of confusion as the Lahore High Court (LHC) had in March [invalidated][5] the section, which pertains to the crime of sedition or inciting “disaffection” against the government, terming it inconsistent with the Constitution.
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.
The FIR specifically pointed out Pashteen and Imaan for attempting to create distance between Pakhtuns and the army and spreading fear in the public by threatening to march towards Islamabad.
On August 22, an Islamabad court had granted Imaan post-arrest bail in a rioting and dacoity case. However, she remained in police custody in connection with the sedition case.
Meanwhile, an Islamabad ATC on August 24 had [rejected][4] the prosecution’s request to extend Imaan and Wazir’s physical remand in the sedition case and sent the two to Rawalpindi’s Adiala Jail on judicial remand.
On Monday, the pair was granted bail in the sedition case, following which Imaan was arrested in the fresh case registered at the Bhara Kahu police station.
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