Observes that the highest court generally does not interfere even in interim orders passed by HCs
ISLAMABAD:
The Supreme Court on Monday issued notices to the federation and other respondents regarding a petition seeking suspension of sentences imposed on advocate Imaan Mazari and advocate Hadi Ali Chattha, while observing that the Islamabad High Court (IHC) should hear and decide their pending application for suspension of sentence.
A three-member bench headed by Justice Muhammad Ali Mazhar and comprising Justice Mussarat Hilali and Justice Shahid Bilal Hassan heard the case.
During the hearing, Imaan Mazari’s lawyer Faisal Siddiqi argued that the SC had earlier ordered the IHC to rule on the sentence suspension application within two weeks, but the order was not complied with.
He said the IHC initially fixed the matter for May 20 and then adjourned it to June 4. However, the June 4 docket was canceled and the matter has not been scheduled for hearing since then.
The lawyer further said that a request for early hearing was also filed before the IHC but was dismissed without being heard.
“Our only demand is that the High Court settles the matter and decides it, even if the decision goes against us. The matter should at least be heard,” Siddiqi argued in court.
Justice Mazhar observed that the SC generally does not intervene even in interim orders passed by the high courts, whereas in the present case, the IHC is yet to even issue notice to the prosecution.
Accepting the request made by the petitioners’ counsel, the apex court issued notices to the Additional Attorney General and other respondents and adjourned the hearing till July 21.
The petition seeks suspension of the sentences handed down against Imaan Mazari and lawyer Hadi Ali Chattha while their appeal remains pending before the IHC.
Earlier, on May 12, a three-member SC bench headed by Justice Shahid Waheed ordered the IHC to decide the applications “preferably within two weeks” while hearing the petitions filed by the couple. The case, however, remains pending before the Supreme Court.
Despite the SC’s instructions, the IHC is yet to decide on the applications. The matter is now before a differently constituted SC bench.
It remains unclear whether the matter was handed over to the new bench by the three-member committee constituted under the Supreme Court (Practice and Procedure) Act.
The IHC last heard the case on June 1, when the prosecution requested time to prepare its arguments. The hearing was adjourned until June 4. However, the June 4 docket was canceled on June 2 and the case has not been relisted since then.
Subsequently, Faisal Siddiqi, lawyer of Imaan Mazari and Hadi Ali Chattha, approached the SC seeking an early hearing in the matter.
Legal observers say the judiciary can take one of three solutions: refer the case to the IHC with instructions for an early decision, withdraw the apex court’s May 12 order, or decide the requests for suspension of sentence itself.
The National Cyber Crime Investigation Agency (NCCIA) also challenged the SC’s earlier order directing the IHC to decide the couple’s suspension applications within a specified time frame.
