IHC orders re-recording of witness statements in Imaan Mazari controversial tweets case

Lawyer Imaan Mazari (centre) pictured with her husband, lawyer Hadi Ali Chattha (left) outside a court. — X@AsadAToor/File
  • Hadi appears in court; Imaan represented by lawyers.
  • SC directed hearing of both parties before judgment.
  • Assessment can be given based on available record: AAG.

The Islamabad High Court (IHC) on Tuesday directed the trial court seized with a controversial social media case against Imaan Mazari and her husband Hadi Ali Chattha to resume witness statements within three days.

IHC judge Mohammed Azam Khan issued the directives while hearing a petition filed by Mazari challenging the trial court’s November 19 order. Chatha appeared in court while Mazari was represented by his lawyers.

“The merits are not under consideration. We direct the court to resume the testimony of the witnesses within three days […] The Supreme Court has asked us to decide the case at the earliest,” Justice Azam Khan observed while hearing the case.

Defense counsel Riasat Ali told the court that the Supreme Court had ordered that both parties be heard before a decision.

During the hearing, the Assistant Attorney General said that all the records were before the court and argued that the testimonies recorded so far were legally valid. “All the records are before the court. A judgment can be made based on them,” he said.

The IHC judge raised questions about trial procedures and the presence of legal representatives. “If Imaan Mazari was not present in court, was her speech present?” Justice Azam Khan asked.

The court also requested clarification on the schedule for resuming testimony. “How long will it take to re-record testimony?” Judge Azam Khan asked the defense counsel.

Advocate Riasat requested more time and said arguments on merit would be presented by Faisal Siddiqui. “If we have to hear the case on merit, we need time. Faisal Siddiqui will present the arguments,” he said.

Justice Azam Khan directed that the matter be adjourned till tomorrow and asked Faisal Siddiqui to appear for arguments.

Meanwhile, the Supreme Court last week issued directives to stay the trial of lawyer Mazari and her husband in the controversial tweet case.

A three-judge SC bench comprising Justice Hashim Khan Kakar, Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim heard and accepted Mazari’s plea against the Islamabad High Court judgment, which had rejected the lawyer’s plea to stay the trial in the Additional Sessions Court.

The court in its judgment said that the trial in the said case should be stayed pending the decision of the IHC.

Mazari and Chattha were accused in a case registered by the National Cyber ​​Crime Investigation Agency (NCCIA) under Sections 9, 10, 11 and 26 of the Prevention of Electronic Crimes Act (Peca), 2016 and were subsequently indicted on 30 October.

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