Suspends previous rulings of the trial court; orders cross-examination in trial court to be completed within three days
Human rights lawyer and social activist Imaan Mazari and her husband Hadi Ali Chattha. Photo archive
ISLAMABAD:
The Islamabad High Court on Tuesday restored the bail of human rights activist and lawyer Imaan Mazari and her husband Hadi Ali Chattha and restored their right of defense before the District and Sessions Court.
IHC Judge Muhammad Azam Khan issued the orders, suspending the trial court’s earlier rulings. Both Mazari and Chattha appeared before the high court during the hearing.
The judge ordered that the cross-examination in the trial court be concluded within three days. Defense lawyer Kamran Murtaza asked for more time, to which Judge Azam Khan said he would consider the request and advised the lawyers to continue the trial peacefully.
This development followed a series of orders by 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 issued the order after canceling his bail a day earlier, citing repeated failures to appear and heated scenes during the proceedings. The court also withdrew their right to cross-examination.
On Saturday, the same court reissued no-bail arrest warrants, noting that the bail cancellation remained in effect and that the arrest warrants had not been executed. The judge advised the defense to seek relief before the Islamabad High Court, claiming that he lacked the authority to revoke the bail cancellation.
The pair subsequently surrendered before the magistrate’s court and applied for the arrest warrant to be suspended, 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, husband in controversial tweets case
On Monday, the IHC granted one-day protective bail to Mazari and Chattha, barring their arrest till Tuesday and ordering them to appear in court.
Justice Azam Khan heard his 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 warrants had already been issued.
“Even if there is any grievance against a lawyer, a judge should exercise restraint,” he said, adding that the trial court was taking up the case at very short intervals. He also informed the court that Mazari was unwell and urged the court to grant compensation.
Read more: Court reissues non-bailable arrest warrants for Imaan Mazari, her husband, for ‘anti-state’ tweets
Following the IHC order, Additional District and Sessions Judge Afzal Majoka resumed the proceedings in the trial court. The prosecutor informed the court that the accused had obtained protective bail from the high court and was due 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 his statements to be recorded under section 342 of the Code of Criminal Procedure and adjourned the case till Tuesday.
Case history
The case against Mazari and Chattha centers on alleged controversial posts and reposts on X, formerly Twitter, which authorities have described as “anti-state.” The National Cyber Crime Investigation Agency registered the case under the Electronic Crime Prevention Act of 2016, saying the content was aimed at inciting divisions and negatively portraying 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 defendants failed to appear, drawing criticism and legal challenges from the defense. The couple later approached the Islamabad High Court, alleging lack of transparency and procedural irregularities, including evidence being collected in their absence and without proper legal representation.
His plea to transfer the case was heard by the high court, which refused to grant an immediate stay. The couple then filed a petition with the Supreme Court, which ordered a temporary stay of the trial until the high court completes its hearing.
Legal bodies, including the Islamabad Bar Association, have criticized aspects of the process, arguing that the accused’s right to a fair defense has been undermined.
