The Supreme Court emphasizes that the district court should hear all parties before a decision is made
Human rights lawyer and social activist Imaan Mazari and her husband Hadi Ali Chattha. Photo file
The Supreme Court has ordered adjournment of the trial in the controversial Iman Mazari and Hadi Ali Chattha tweet case on Thursday. The hearing concerned a request by Iman Mazari and her husband to stop the trial.
The court ordered that the trial remain suspended until the Islamabad High Court (IHC) delivers its verdict, stressing that the high court should hear all parties before making a decision. The hearing was conducted by a three-judge bench headed by Justice Hashim Kakar, with Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim also on the panel.
Imaan and Chattha have petitioned the IHC for transfer of their case on December 1, alleging lack of transparency by Justice Afzal Majoka in extra sessions.
The petition was filed during the final hearing of the controversial tweet case heard at the District and Sessions Court in Islamabad.
The application filed by lawyer Imaan sought an expedited hearing on her plea for a stay of proceedings on the controversial tweets case.
On December 1, the IHC denied the couple interim relief to delay the trial. Their lawyer, Faisal Siddique, appealed the IHC order before the Supreme Court (SC) on December 4.
Read: Mazari tweet case postponed as Aurat March, KBA protests ‘unfair trial’
In the application filed before the SC, the petitioners claimed that the criminal case against them was in its final stage, which necessitated immediate attention. The petition also stated that the petitioners had filed a criminal revision before the IHC to challenge the trial citing due process violations under the Criminal Procedure Code, particularly regarding the recording of evidence in their absence.
The SC noted today that the high court is expected to hear both sides fully and issue a speedy decision. The stay order was issued with the mutual consent of both parties.
The District and Sessions Court in Islamabad on Monday adjourned the controversial tweet case hearing to December 15. The postponement comes as the couple’s petition in the IHC is still pending.
During the negotiations, the Norwegian ambassador was also present in the courtroom.
Advocate 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 claimed that cross-examination of four witnesses had taken place in the courtroom without the presence of the accused.
Judge Ishtiaq Ibrahim requested the warrant as proof that the cross-examinations had been conducted in the absence of the accused. Siddiqi replied that they had protested in court.
Justice Salahuddin Panhwar asked for clarification, remarking: “So you’re saying you were present in the courtroom but left in protest?” Siddiqi confirmed this. Judge Hashim Kakar added: “You left the courtroom as a form of protest”.
Siddiqi reiterated that in Justice Kakar’s view, evidence could not be admitted in the absence of the accused. Judge Kakar emphasized that the defense team had its own legal strategy and that no one should be punished without a transparent trial. He added that judges must remain free of pressure and give both parties full opportunity to present their case.
“Both the accused are lawyers themselves and can conduct cross-examination,” he noted. Justice Kakar further emphasized that neither the judge nor the high court should be respected and that a judgment given by the trial court before proper procedures could render a review by the High Court ineffective.
Additional Attorney General Rana Asad objected to the admissibility of the petition. Responding to the Additional Attorney General, Justice Kakar said: “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’ sentiments on social media platform X. The pair were formally charged on 30 October. Judge Majoka had indicted both individuals in the case and each denied the charges.
Read more: Mazari, man seeks case transfer due to bias
The complaint accused Mazari of spreading and “propagating narratives consistent with hostile terrorist groups and proscribed organizations,” while her husband was implicated for rebroadcasting certain posts from her.
According to the appeal, the complainants made no specific allegations and selectively cited a few posts by the petitioners on social media platform X dating back as far as 2021.
The judges and lawyers shared a moment of humor during the hearing when Justice Hashim Kakar remarked: “We’ll write the order, you have no objection, right?”
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 and said, “We can only come to you in this city.”
Justice Kakar jokingly replied, “Now you have started discussing politics.” Laughter echoed through the courtroom.
Judge Kakar then remarked, “This time you have not recited a poem.”
Siddiqui promptly recited, “We sigh and become infamous, they commit murder and yet they are not blamed.” Judge Kakdar smiled and remarked, “That’s an old poem you recited last time.” The courtroom burst into laughter again.
