Suspends previous decisions of the trial court; orders cross-examination in trial court to be completed within three days
Imaan Mazari, human rights lawyer and social activist, and her husband Hadi Ali Chattha. Photo file
ISLAMABAD:
The Islamabad High Court on Tuesday reinstated the bail of rights activist and lawyer Imaan Mazari and her husband Hadi Ali Chattha and restored their right to defense before the district and sessions court.
IHC Judge Muhammad Azam Khan issued the orders, staying the trial court’s previous rulings. Mazari and Chattha appeared before the High Court during the hearing.
The judge ordered the cross-examination in the trial court to be completed within three days. Defense lawyer Kamran Murtaza requested additional time, to which Justice Azam Khan said he would consider the request and advised the lawyers to continue the trial peacefully.
The development follows a series of orders from a district and sessions court in Islamabad, which on Friday ordered the arrest of Mazari and Chattha within 24 hours. Additional District and Sessions Judge Muhammad Afzal Majoka made the order after canceling their bail a day earlier, citing repeated non-appearances and heated scenes during the proceedings. The court also took away their right to cross-examine.
On Saturday, the same court reissued non-bailable arrest warrants, noting that the bail cancellation remained in effect and the arrest warrants had not been executed. The judge advised the defense to seek relief from the Islamabad High Court, saying he had no power to set aside the cancellation of bail.
The couple then went to the Magistrates’ Court and requested a stay of the arrest warrant, as well as permission to appear via video link. The court held that such relief could only be granted by the High Court.
Read: IHC Grants Protective Bail to Imaan Mazari, Her Husband in Controversial Tweeting Case
On Monday, the IHC granted one-day provisional release to Mazari and Chattha, barring their arrest until Tuesday and ordering them to appear in court.
Justice Azam Khan heard their petition challenging the trial court’s decision to issue non-bailable arrest warrants in the controversial tweets case. During the hearing, defense lawyer Kamran Murtaza told the court that the couple’s bail had been canceled twice and arrest orders had already been issued.
“Even if there is a grievance against a lawyer, a judge must exercise restraint,” he said, adding that the trial court was reviewing the case at very short intervals. He also informed the court that Mazari was not feeling well and urged the bench to grant relief.
Learn more: Court reissues arrest warrants for Imaan Mazari, her husband following “anti-state” tweets
Following the IHC order, Additional District and Sessions Judge Afzal Majoka resumed proceedings in the trial court. The prosecutor informed the court that the accused had been granted protective bail from the High Court and was expected to appear there on Tuesday.
The judge ordered Mazari and Chattha to appear before the trial court within an hour of their appearance before the Islamabad High Court. He ordered that their statements under Section 342 of the Code of Criminal Procedure be recorded and adjourned the matter till Tuesday.
Case history
The case against Mazari and Chattha focuses on allegedly controversial posts and reposts on X, formerly Twitter, that authorities described as “anti-state.” The National Cybercrime Investigation Agency registered the case under the Prevention of Electronic Crimes Act, 2016, saying the content was aimed at inciting divisions and portraying a negative image of state institutions.
Also read: Court orders arrest of Imaan Mazari and Hadi Chattha within 24 hours
Previously, the trial court issued non-bailable arrest warrants after the accused failed to appear, sparking criticism and legal challenges from the defense. The couple then approached the Islamabad High Court, alleging a lack of transparency and procedural irregularities, including the recording of evidence in their absence and without proper legal representation.
Their request to transfer the case was heard by the High Court, which refused to grant an immediate stay. The couple then approached the Supreme Court, which ordered a temporary halt to the trial until the High Court completed its hearing.
Legal bodies, including the Islamabad Bar Association, criticized aspects of the proceedings, arguing that the accused’s right to a fair defense had been compromised.
