Supreme Court stresses that High Court should hear all parties before making a decision
Imaan Mazari, human rights lawyer and social activist, and her husband Hadi Ali Chattha. Photo file
The Supreme Court on Thursday ordered a stay of the trial in the controversial Iman Mazari and Hadi Ali Chattha tweets case. The hearing concerned a request by Iman Mazari and her husband to suspend the trial.
The court ordered that the trial remains stayed until the Islamabad High Court (IHC) delivers its verdict, stressing that the High Court should hear all parties before taking 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 members of the panel.
Imaan and Chattha filed a petition with the IHC seeking transfer of their case on December 1, alleging lack of transparency on the part of Additional Sessions Judge Afzal Majoka.
The petition was filed during the final hearing of the controversial tweets case heard before the District and Sessions Court of Islamabad.
The motion filed by lawyer Imaan sought an expedited hearing on his plea for a stay of trial in the controversial tweets case.
On December 1, IHC denied the couple an interim measure to suspend the trial. Their lawyer, Faisal Siddique, appealed the IHC order to the Supreme Court (SC) on December 4.
Read: Mazari Twitter case adjourned as Aurat March and KBA protest ‘unfair trial’
In the petition filed before the SC, the petitioners argued that the criminal case against them was in its final stages and required urgent attention. The petition also stated that the petitioners filed a criminal review petition before the IHC to challenge the trial proceedings, citing violations of due process under the Code of Criminal Procedure, particularly with regard to the recording of evidence in their absence.
SC today noted that the High Court should fully hear both sides and give a speedy decision. The suspension order was made with the mutual consent of both parties.
The Islamabad District and Sessions Court on Monday adjourned the contentious hearing into the tweets case until December 15. The adjournment comes as the couple’s application to the IHC remains ongoing.
During the proceedings, the Norwegian ambassador was also present in the courtroom.
Lawyer Faisal Siddiqi, appearing for the accused, said a case had been registered against his clients under the Prevention of Electronic Crimes Act (PECA). He further alleged that the cross-examination of four witnesses took place in the courtroom without the presence of the accused.
Justice Ishtiaq Ibrahim sought the order as proof that the cross-examinations were conducted in the absence of the accused. Siddiqi replied that they had protested in court.
Justice Salahuddin Panhwar sought clarification, noting: “So you are saying that you were present in the courtroom but left in protest? Siddiqi confirmed this. Judge Hashim Kakar added: “You left the courtroom in protest.”
Siddiqi reiterated that according to Justice Kakar, evidence could not be recorded in the absence of the accused. Judge Kakar stressed that the defense team had its own legal strategy and no one should be punished without a transparent trial. He added that judges must remain free from pressure and give both sides the opportunity to fully present their case.
“Both defendants are lawyers themselves and can conduct cross-examination,” he noted. Justice Kakar further emphasized that neither the judge nor the High Court should be disrespected, and that a trial court verdict before proper procedures could render a High Court review ineffective.
Additional Solicitor General Rana Asad objected to the admissibility of the petition. Justice Kakar responded to the Additional Attorney General by saying, “The execution of Imaan Mazari will be of no use to you and the sky will not fall on your head. 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 the social media platform X. The couple were formally charged on October 30. Judge Majoka had indicted both individuals in the case, each denying the charges.
Learn more: Mazari and her husband request transfer of their case due to bias
The complaint accused Mazari of disseminating and “propagating narratives that align with hostile terrorist groups and banned organizations,” while her husband was implicated for reposting some posts she had made.
According to the appeal, the plaintiffs did not provide any specific allegations and selectively cited a few posts made by the petitioners on social media platform X, dating back to 2021.
The judges and lawyers shared a humorous moment during the hearing when Justice Hashim Kakar said: “We are writing the order, you have no objection, right?
Additional Attorney General Rana Asad replied: “Objections have been raised to the admissibility of the petition, but fine, let us continue.”
Faisal Siddiqui thanked the Additional Attorney General, saying, “We can only come to you in this city.”
Justice Kakar responded jokingly: “Now you have started discussing politics. » Laughter echoed in the courtroom.
Justice Kakar then noted: “This time you did not recite a poem. »
Siddiqui immediately recited: “We sigh and become infamous, they commit murder and yet they are not blamed. ” Justice Kakdar smiled and remarked, “It’s an old poem that you recited last time.” » The courtroom once again burst into laughter.
