Top court emphasises that high court should hear all parties before reaching a decision
Human Rights lawyer and social activist Imaan Mazari and her husband Hadi Ali Chattha. Photo File
The Supreme Court has ordered a stay on the trial in the controversial Iman Mazari and Hadi Ali Chattha tweets case on Thursday. The hearing concerned a request by Iman Mazari and her husband to halt the trial.
The court directed that the trial remain suspended until the Islamabad High Court (IHC) delivers its verdict, emphasising that the high court should hear all parties before reaching a decision. The hearing was conducted by a three-judge bench led by Justice Hashim Kakar, with Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim also on the panel.
Imaan and Chattha have filed a petition in the IHC seeking the transfer of their case on December 1, alleging a lack of transparency by Additional Sessions Judge Afzal Majoka.
The petition was filed during the final hearing of the controversial tweets case being heard at the District and Sessions Court in Islamabad.
The application submitted by lawyer Imaan was seeking an expedited hearing of her plea for a stay in the trial concerning the controversial tweets case.
On December 1, IHC denied the couple ad-interim relief of staying the trial. Their counsel, Faisal Siddique, appealed the IHC order before the Supreme Court (SC) on December 4.
Read: Mazari tweet case adjourned as Aurat March, KBA protest “unfair trial”
In the application filed before the SC, the petitioners argued that the criminal trial against them was at its final stage, necessitating urgent attention. The petition also stated that the petitioners had filed a criminal revision before the IHC to challenge the trial proceedings, citing violations of due process under the Code of Criminal Procedure, particularly regarding the recording of evidence in their absence.
SC noted today that the high court is expected to hear both sides fully and issue a prompt ruling. The stay order was issued with the mutual consent of both parties.
The District and Sessions Court in Islamabad adjourned the controversial tweet case hearing on Monday until December 15. The adjournment comes as the couple’s petition in the IHC remains pending.
During the proceedings, the Norwegian ambassador was also present in the courtroom.
Lawyer Faisal Siddiqi, representing the accused, stated that a case had been registered against his clients under the Prevention of Electronic Crimes Act (PECA). He further alleged that cross-examination of four witnesses had taken place in the courtroom without the presence of the accused.
Justice Ishtiaq Ibrahim requested the order sheet as proof that the cross-examinations had been conducted in the absence of the defendants. Siddiqi replied that they had protested in court.
Justice Salahuddin Panhwar asked for clarification, noting: “So you are saying you were present in the courtroom but left in protest?” Siddiqi confirmed this. Justice Hashim Kakar added: “You left the courtroom as a form of protest”.
Siddiqi reiterated that, in Justice Kakar’s view, evidence could not be recorded in the absence of the accused. Justice Kakar emphasised that the defence team had its own legal strategy, and that no one should be punished without a transparent trial. He added that judges must remain free from pressure and provide both parties a full opportunity to present their case.
“Both accused are lawyers themselves and may conduct cross-examination,” he noted. Justice Kakar further stressed that neither the judge nor the high court should be disrespected, and that a verdict by the trial court before proper procedures could render a High Court revision ineffective.
Additional Attorney General Rana Asad objected to the admissibility of the petition. Justice Kakar responded to the Additional Attorney General, saying: “Executing Imaan Mazari will neither benefit you nor will the sky fall. The constitution guarantees a fair trial”.
The National Cyber Crime Investigation Agency (NCCIA) had filed a case against Imaan and Chatha; both are accused of sharing ‘anti-state’ sentiment on the social media platform X. The couple was formally charged on October 30. Judge Majoka had indicted both individuals in the case, with each denying the charges.
Read more: Mazari, husband seek case transfer over bias
The complaint accused Mazari of disseminating and “propagating narratives that align with hostile terrorist groups and proscribed organisations,” while her husband was implicated for re-posting certain posts made by her.
According to the appeal, the complainants provided no specific allegations and selectively cited a few posts made by the petitioners on the social media platform X, dating as far back as 2021.
The judges and lawyers shared a moment of humour during the hearing when Justice Hashim Kakar remarked: “We are writing the order, you have no objections, correct?”
Additional Attorney General Rana Asad replied: “Objections were raised regarding the admissibility of the petition, but fine, let’s proceed”.
Faisal Siddiqui thanked the Additional Attorney General, saying: “We can only come to you in this city.”
Justice Kakar jokingly responded: “Now you’ve started discussing politics.” Laughter echoed through the courtroom.
Justice Kakar then noted: “This time you haven’t recited a poem.”
Siddiqui promptly recited: “We sigh and become infamous, they commit murder and yet are not blamed.” Justice Kakdar smiled and remarked, “That’s an old poem you recited last time.” The courtroom once again erupted in laughter.
