Judge orders arrest, revokes cross-examination rights over repeated non-appearance
Human Rights lawyer and social activist Imaan Mazari and her husband Hadi Ali Chattha. Photo File
ISLAMABAD:
A district court in Islamabad on Thursday cancelled the bail of lawyer and activist Imaan Mazar and her husband, Hadi Ali Chattha, in a case related to controversial social media posts, citing repeated non-appearances and heated scenes during proceedings.
In view of the circumstances, the court revoked the bail earlier granted to the two, ordered their arrest and production before the court, and formally withdrew their right to cross-examination.
The case has been registered under the Prevention of Electronic Crimes Act, 2016 (PECA). Prosecutors have accused Mazari and Chattha of inciting divisions on linguistic grounds through social media posts and of creating the impression that the state institutions were engaged in terrorism within the country.
The hearing was conducted by Judge Afzal Majoka, who expressed displeasure after both accused again failed to appear before the court. Prosecutor Rana Usman opposed any further adjournment.
During the proceedings, the court warned that continued absence could result in the loss of a core defence right. “Inform the accused that if they do not appear today, their right of cross-examination will be terminated,” Judge Majoka said.
Read: IHC orders re-recording of witness statements in Imaan, Hadi tweet case
Cross-examination allows an accused person to question prosecution witnesses to test the credibility and reliability of their testimony. Under Pakistani criminal procedure, denying this right is considered an exceptional step, usually taken when courts believe delays are deliberate.
Earlier, defence counsel argued that Mazari wished to conduct the cross-examination herself, citing her legal background and health issues. “She wants to ask some questions herself from the witness,” Hadi Ali Chattha had told the court.
Judge Majoka issued a firm warning at the time: “Complete the cross-examination of the witness, otherwise I will close this right.”
Tensions escalated when Islamabad District Bar Association President Naeem Gujar appeared in court and exchanged sharp words with the prosecution over the conduct of proceedings and the insistence on immediate testimony. The exchange prompted the judge to briefly leave the courtroom, after which proceedings were paused.
The court cancelled the interim bail of both accused and directed law enforcement to arrest and produce them before the court. It also ordered that statements under Section 342 of the Criminal Procedure Code, which allow accused persons to explain evidence against them, be recorded at the next hearing.
The case has been adjourned until tomorrow.
Case history
The case against Mazari, a human rights lawyer and activist, and Chattha centres on alleged controversial posts and reposts on X, formerly Twitter, which authorities have described as “anti-state.” The National Cyber Crime Investigation Agency registered the case under PECA 2016, saying the content was intended to incite divisions and portray state institutions negatively.
Earlier in the proceedings, the trial court issued non-bailable arrest warrants after the accused failed to appear, drawing criticism and legal challenges from the defence. Mazari and Chattha later approached the Islamabad High Court, alleging a lack of transparency and procedural irregularities, including the recording of evidence in their absence and without proper legal representation.
Their request to transfer the case was heard by the high court, which declined to grant an immediate stay. The couple then moved the Supreme Court, which ordered a temporary halt to the trial until the high court completes its hearing.
The Islamabad Bar Association and other legal bodies have criticised aspects of the trial, arguing that the defendants’ right to a fair defence has been undermined. The proceedings have seen multiple adjournments and continued litigation in higher courts over due process and defence rights.
