Judge orders arrest, revokes right to cross-examination for repeated failure to appear
Human rights lawyer and social activist Imaan Mazari and her husband Hadi Ali Chattha. Photo file
ISLAMABAD:
An Islamabad district court on Thursday canceled 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 no-shows and heated scenes during the trial.
In light of the circumstances, the court revoked the bail previously 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 Crime Act, 2016 (PECA). Prosecutors have accused Mazari and Chattha of inciting division on linguistic grounds through social media posts and of creating the impression that state institutions were involved in terrorism in the country.
The hearing was presided over by Judge Afzal Majoka, who expressed displeasure after both accused failed to appear in court again. Prosecutor Rana Usman opposed any further adjournment.
During the case, the court warned that continued absence could result in the loss of a core defense right. “Inform the accused that if they do not appear today, their right to cross-examination will be terminated,” Justice Majoka said.
Read: IHC orders re-recording of testimony in Imaan, Hadi tweet case
Cross-examination allows an accused to cross-examine prosecution witnesses to test the credibility and reliability of their testimony. Under Pakistani criminal law, denial of this right is considered an extraordinary step, usually taken when the courts believe that delays are deliberate.
Earlier, the defense argued that Mazari wanted to conduct the cross-examination herself, citing her legal background and health problems. “She herself will ask some questions 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 or I will close this court.”
Tensions escalated when President Naeem Gujar of the Islamabad District Bar Association appeared in court and exchanged sharp words with the prosecution over the proceedings and insistence on immediate testimony. The exchange prompted the judge to briefly leave the courtroom, after which the case was adjourned.
The court canceled the interim bail of both accused and directed the law enforcement to arrest and produce them before the court. It also ordered that statements under Section 342 of the Criminal Procedure Code, which allows accused persons to explain evidence against them, be recorded at the next hearing.
The case is adjourned until tomorrow.
Case history
The case against Mazari, a human rights lawyer and activist, and Chattha centers on alleged controversial posts and reposts on X, formerly Twitter, which authorities have described as “anti-government”. The National Cyber Crime Investigation Agency registered the case under PECA 2016, saying the content was intended to incite divisions and portray government institutions negatively.
Earlier in the case, the trial court issued non-bailable arrest warrants after the accused failed to appear, drawing criticism and legal challenges from the defense. Mazari and Chattha later approached the Islamabad High Court alleging lack of transparency and procedural irregularities, including 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 stay of the trial until the High Court concludes its hearing.
The Islamabad Bar Association and other legal bodies have criticized aspects of the trial, claiming that the defendants’ right to a fair defense has been undermined. The proceedings have seen several adjournments and continued litigation in higher courts on due process and defense rights.
