The couple cannot yet be released because bail in the tweets case is still pending; IHC hears requests for suspension of sentence
Lawyer and human rights activist Imaan Mazari and her husband, defender Hadi Ali Chattha. PHOTO: EXPRESS
ISLAMABAD:
An Anti-Terrorism Court in Islamabad on Friday granted bail to human rights activist and lawyer Imaan Mazari and her husband Hadi Ali Chattha in two more cases.
Justice Abul Hasnat Muhammad Zulqarnain approved the bail with sureties of Rs 5,000 each. One case concerns a fight outside the High Court, while the other relates to a protest outside the Press Club. In the High Court fight case, the plaintiff, High Court Bar Association president Wajid Gilani, had filed an affidavit a day earlier.
Despite recent bail approvals, Imaan and Hadi cannot be released as they are sentenced in the controversial tweets case and their bail in the controversial tweets case is still pending. Adding to the delay is the fact that the requests for suspension of the sentence in that case have not yet been scheduled for an early hearing before the Superior Court.
Read: Amnesty condemns the convictions of Imaan Mazari and Hadi Chattha
On February 19, Justice Zulqarnain granted Imaan and Hadi post-arrest bail with surety of Rs 10,000 each in a case involving an encounter with police. The case, registered at the Secretariat Police Station, involves accusations of police altercation and public protest.
Both Imaan and Hadi were sentenced to a combined 17 years in prison on January 24 by a trial court in Islamabad. The pair were convicted of multiple charges related to controversial social media posts that prosecutors said amounted to an anti-state narrative under cybercrime laws.
In a 22-page judgment written by District and Sessions Judge Afzal Majoka, Imaan and Hadi were found guilty under various provisions of the Prevention of Electronic Crimes Act (PECA) 2016. They were acquitted of one charge related to hate speech.
IHC resumes requests for suspension of sentence
Meanwhile, the Islamabad High Court (IHC) began the rehearing of the suspension of sentence petitions filed by Imaan and Hadi, under the chairmanship of Justice Muhammad Asif.
The government requested that the case be transferred to the court of Justice Azam Khan, with the deputy attorney general arguing that a similar case had been heard there before. However, the couple’s lawyer, Riasat Ali Azad, responded, noting that “no such case is pending before any other court.”
Read more: UN experts sound the alarm over the sentences of Imaan and Hadi
He added that his appeal had been heard in the same court from the beginning and that the court had his full confidence.
“I am concerned about how the Government can oppose the court,” Azad said, before calling for urgency. “My only request is that it would be a big relief for us if the case is resolved before Eid,” he said.
Judge Asif responded by saying, “Okay, let’s see,” before retreating to his chambers. The prosecutor also did not object to setting a date. Azad expressed confidence that a date would be announced by the end of the day.
On February 21, the IHC issued a written order in the controversial tweets case, providing notices on the appeals filed against the convictions of Imaan and Hadi. The court had also issued notices regarding applications for suspension of their sentences.
Justice Asif issued a two-page written order after the hearing. According to the order, Imaan and Hadi have challenged their January conviction before the high court. The petitioners’ attorneys argued that the decision was not legally sound and should be declared void.
