Suspends trial court’s previous rulings; directs cross-examination in trial court be completed within three days
Human Rights lawyer and social activist Imaan Mazari and her husband Hadi Ali Chattha. Photo File
ISLAMABAD:
The Islamabad High Court on Tuesday restored the bail of rights activist and lawyer Imaan Mazari and her husband, Hadi Ali Chattha, and reinstated their right of defence before the District and Sessions Court.
IHC’s Justice Muhammad Azam Khan issued the orders, suspending the trial court’s previous rulings. Both Mazari and Chattha appeared before the high court during the hearing.
The judge directed that cross-examination in the trial court be completed within three days. Defence counsel Kamran Murtaza sought additional time, to which Justice Azam Khan said he would consider the request and advised the lawyers to proceed with the trial in a peaceful manner.
The development followed a series of orders by an Islamabad district and sessions court, which on Friday directed the arrest of Mazari and Chattha within 24 hours. Additional District and Sessions Judge Muhammad Afzal Majoka issued the order after cancelling their bail a day earlier, citing repeated non-appearances and heated scenes during proceedings. The court also withdrew their right to cross-examination.
On Saturday, the same court reissued non-bailable arrest warrants, noting that the bail cancellation remained in force and that the arrest orders had not been executed. The judge advised the defence to seek relief from the Islamabad High Court, saying he lacked the authority to reverse the bail cancellation.
The couple later surrendered before the trial court and requested suspension of the arrest order, as well as permission to appear via video link. The court maintained that such relief could only be granted by the high court.
Read: IHC grants protective bail to Imaan Mazari, husband in controversial tweets case
On Monday, the IHC granted one-day protective bail to Mazari and Chattha, barring their arrest until Tuesday and directing them to appear before the court.
Justice Azam Khan heard their petition challenging the trial court’s decision to issue non-bailable arrest warrants in the controversial tweets case. During the hearing, defence counsel Kamran Murtaza told the court that the couple’s bail had been cancelled twice and arrest orders had already been issued.
“Even if there is any grievance against a lawyer, a judge should exercise restraint,” he said, adding that the trial court was taking up the case at very short intervals. He also informed the court that Mazari was unwell and urged the bench to grant relief.
Read more: Court reissues non-bailable warrants for Imaan Mazari, husband over ‘anti-state’ tweets
Following the IHC’s order, Additional District and Sessions Judge Afzal Majoka resumed proceedings in the trial court. The prosecutor informed the court that the accused had obtained protective bail from the high court and was directed to appear there on Tuesday.
The judge ordered Mazari and Chattha to appear before the trial court within one hour of their appearance before the Islamabad High Court. He directed that their statements under Section 342 of the Criminal Procedure Code be recorded and adjourned the case until Tuesday.
Case history
The case against Mazari 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 the Prevention of Electronic Crimes Act, 2016, saying the content was intended to incite divisions and portray state institutions negatively.
Also read: Court orders arrests of Imaan Mazari, Hadi Chattha within 24 hours
Earlier, the trial court issued non-bailable arrest warrants after the accused failed to appear, drawing criticism and legal challenges from the defence. The couple 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 plea 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.
Legal bodies, including the Islamabad Bar Association, have criticised aspects of the proceedings, arguing that the defendants’ right to a fair defence has been undermined.
