The attorney says the testimony was conducted outside the courtroom, which violates due process requirements
Lawyer Imaan Mazari. Photo: X
Advocate Ali Azad, representing the lawyer duo of Imaan Mazari and Hadi Ali Chattha, has stated that “the court is not conducting a transparent trial.” The hearing was of a petition challenging the Trial Court’s order by the couple in the controversial tweet case in the Islamabad High Court on Monday.
The court asked if all the lawyers present were for this particular case, to which Ali Azad replied in the affirmative, saying, “This is a very important case.”
Justice Azam Khan presided over the proceedings with members of the Islamabad Bar Council, Raja Aleem Abbasi and Zafar Khokhar, also present, along with lawyer Ali Azad, representing the state. A large number of lawyers and advocates were present.
The court directed the defense counsel Advocate Ali Azad to first go through the objections.
Advocate Ali Azad raised concerns that the trial was not proceeding transparently. He said that if there are more accused, the trial can continue if you have a waiver.
Ali Azad stressed: “A fair trial is my constitutional right. Testimony must be recorded in my presence. The court is not conducting a transparent trial. This is one of many cases pending before this court. These are bar members and professional lawyers”.
When the court asked about the case on November 24, Hadi Ali Chattha stated that they had filed a request for witness statements to be recorded in their presence, which was denied.
Read: Imaan Mazari protests Attorney General’s withdrawal from tweets case
Justice Azam Khan asked about the cross-examination of the five witnesses. Ali Azad said it had been conducted outside the courtroom, violating the basic requirements of a fair trial.
Lawyer Zafar Khokhar explained that the trial can proceed under a permanent dispensation, but not under a one-day exemption, as the speaker is appointed and must be present. Justice Azam Khan asked lawyers to cite the law supporting the one-day exemption restriction.
The lawyers asked the court to stop the trial. Justice Azam Khan observed: “We will go through this and pass an order accordingly.”
The court adjourned the case for further consideration.
Read more: Repeated evictions mar Imaan, Hadi trial
Mazari and her husband, Chattha, previously objected after their state-appointed lawyer withdrew from the controversial case.
The National Cyber Crime Investigation Agency has registered a case against Mazari and Chattha; both are accused of posting ‘anti-government’ sentiments on X. The pair were formally charged on October 30, a day after Chattha was arrested outside the courtroom for failure to appear. Mazari maintained that video footage showed him ‘inside and outside the courtroom’.
After his release, Chattha told reporters that he had arrived five minutes early for the case on October 29, but the judge had issued an arrest warrant ‘in front of him’.
Ahead of Tuesday’s hearing, Mazari also claimed that the court had ‘compulsorily appointed a public prosecutor for her and Chattha.
