Public defender contends violation of right to fair trial as witness statements were recorded in accuseds’ absence
Advocate Imaan Mazari. Photo: X
The Islamabad High Court (IHC) on Tuesday ordered the trial court hearing the case against human rights activist Imaan Mazari and her husband Hadi Ali Chattha to re-record the statements of all witnesses within three days in the controversial social media tweet case.
IHC’s Justice Azam Khan issued the directives while hearing a petition challenging the trial court’s November 19 proceedings, when testimonies of all prosecution witnesses had been recorded. The judge noted that the order to re-record statements was being issued without touching the merits of the case.
The court observed that the Supreme Court had directed a prompt decision on the matter and instructed that both parties be heard before a final ruling. “All records are before the court; a decision can be made,” said Assistant Attorney General Raja Zameer-ud-Deen.
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The case against human rights activist Imaan Mazari-Hazir and her husband Hadi Ali Chattha revolves around allegedly controversial posts on X (formerly Twitter), which the National Cybercrime Investigation Agency (NCCIA) claims were intended to incite divisions and create the impression that the armed forces were engaged in terrorism.
The case, registered on August 12, 2025, under the Prevention of Electronic Crimes Act (PECA) 2016, reached the Islamabad High Court after the trial court’s November 19 proceedings, when testimonies of all prosecution witnesses were recorded. Mazari and Chattha have challenged procedural irregularities, including recording evidence in their absence and the appointment of state-appointed counsel without their consent, prompting the IHC’s intervention.
Senior lawyer Faisal Siddiqui submitted his power of attorney and will present arguments at the next hearing. Former High Court Bar President Riyasat Ali Azad, representing the accused, emphasised that Mazari and Chattha have a constitutional right to a fair trial. “Give them a chance,” he said. He also highlighted that on one occasion, four witnesses’ statements were recorded in the absence of the accused and their pleader, questioning the reliability of such testimonies.
The court noted that certain exemptions exist in trials to ensure proceedings are not influenced. Justice Azam Khan asked whether a pleader was present since Mazari was not in court. Hadi Ali Chattha confirmed that no pleader had been appointed, and the lawyer was also absent. Advocate Riyasat Ali Azad added that Mazari had requested an adjournment due to illness.
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The Assistant Attorney General countered that repeated adjournment requests were causing delays, while Advocate Aleem Abbasi maintained that any testimony recorded in the absence of the accused or their counsel would be illegal.
The court asked how long it would take to re-record the statements. Advocate Siddiqui said arguments on the merits required more time, but Justice Azam Khan clarified that the court was not proceeding to merits at this stage and directed the trial court to re-record all statements with the consent of both parties.
