High court emphasizes that high court must hear all parties before making decision
Human rights lawyer and social activist Imaan Mazari and her husband Hadi Ali Chattha. Photo archive
The Supreme Court on Thursday ordered to stay 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 remain suspended until the Islamabad High Court (IHC) delivered its verdict, emphasizing that the apex 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 on 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 being held in the Islamabad District and Sessions Court.
The application filed by lawyer Imaan sought an expedited hearing on her petition for stay of trial related to the controversial tweets case.
On December 1, IHC denied the couple an interim measure to suspend the trial. His lawyer, Faisal Siddique, appealed the IHC order before the Supreme Court (SC) on December 4.
Read: Mazari tweets case postponed as Aurat march, KBA protest ‘unfair trial’
In the complaint filed before the SC, the petitioners argued that the criminal proceedings against them were in their final stages, requiring urgent attention. The petition also indicated that the petitioners had filed a criminal review petition with the IHC to challenge the judicial process, alleging violations of due process provided for in the Code of Criminal Procedure, particularly with regard to the taking of evidence in their absence.
SC today noted that the apex court is expected to fully hear both sides and issue a speedy ruling. The suspension order was issued with the mutual consent of both parties.
The Islamabad District and Sessions Court adjourned the controversial hearing of the tweets case on Monday to December 15. The postponement comes while the couple’s petition at the IHC is still pending.
During the process, the Norwegian ambassador was also present in the room.
Advocate Faisal Siddiqi, representing the accused, claimed that 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 had been carried out in the courtroom without the presence of the accused.
Justice Ishtiaq Ibrahim sought the order sheet as proof that the cross-examinations had been carried out in the absence of the accused. Siddiqi responded that they had protested to the court.
Justice Salahuddin Panhwar sought clarification and noted, “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 in Justice Kakar’s view, evidence cannot be recorded 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 sides a full opportunity to present their case.
“Both defendants are lawyers and can conduct cross-examinations,” he noted. Justice Kakar further stressed that neither the judge nor the high court should be disrespected, and that a verdict by the trial court before proper procedures could render a review by the High Court ineffective.
Additional Solicitor General Rana Asad opposed the admissibility of the petition. Justice Kakar responded to the Additional Solicitor General saying, “The execution of Imaan Mazari will not benefit you nor will the sky fall for you. 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 was formally charged on October 30. Judge Majoka had formally charged both individuals in the case, and each of them denied the charges.
Read more: Mazari and her husband seek transfer of case due to bias
The complaint accused Mazari of disseminating and “propagating narratives that align with hostile terrorist groups and proscribed organizations,” while her husband was implicated for republishing certain posts made by her.
According to the appeal, the complainants did not present specific accusations and selectively cited some posts made by the petitioners on the social media platform X, dating back to 2021.
The judges and lawyers shared a moment of humor during the hearing when Judge Hashim Kakar commented: “We are drafting the order, you have no objections, correct?
Additional Solicitor General Rana Asad responded: “Objections were raised on the admissibility of the petition, but hey, let’s proceed.”
Faisal Siddiqui thanked the Additional Solicitor General and said, “We can only come to you in this city.”
Justice Kakar jokingly replied: “Now you have started talking about politics.” Laughter echoed in the courtroom.
Justice Kakar then noted: “This time you have not recited a poem.”
Siddiqui quickly recited: “We sigh and become infamous, they commit murder and yet we are not blamed.” Justice Kakdar smiled and remarked, “That’s an old poem you recited last time.” The courtroom once again erupted in laughter.
