District and Sessions Judge Muhammad Afzal Majoka on Wednesday ruled that “the prosecution cannot be compelled to produce any witnesses” while hearing lawyer Imaan Mazari’s application seeking to summon Lt Gen Ahmed Sharif Chaudhry of DG ISPR as a witness in the controversial tweets case against her and her husband Hadi Ali Chattha.
The court issued notice to the prosecution on Mazari’s application in the Federal Investigation Agency (FIA) case against her and Chattha. The request alleges that comments made by the military spokesperson during a press conference constituted an attempt to influence court proceedings and prejudiced the ongoing controversial tweets case.
Mazari filed the request alleging that Lieutenant General Chaudhry called her a “traitor’s lawyer” and a “foreign agent” during a press conference. He maintains that the statements, made while his case is sub judice, violate his constitutional right to a fair trial under Article 10-A and interfere with judicial proceedings.
The court took formal cognizance of the petition and provided a copy to the prosecution team for response. Judge Majoka noted that he had not personally seen the press conference and ordered the prosecution to submit its response before any decision was made on the convening of DG ISPR.
Read: ‘Enabling environment’ behind rise in terrorism in KP, says DG ISPR
Cross-examination of prosecution witness Shehroz Riaz, an official of the National Cyber Crime Investigation Agency (NCCIA), also continued during Wednesday’s hearing. The defense questioned Riaz about his credentials, salary details and the evidence gathered in the case.
When Mazari requested that the “ISI people” be removed from the courtroom, Judge Majoka asked him to point out who those people were.
The witness admitted during cross-examination that he properly searched for Mazari and Mahrang Baloch on Twitter, and that the screenshots of the case consisted of 11 pages. He also claimed that he did not know the difference between the Baloch Yakjehti Committee (BYC) and the banned Balochistan Liberation Army (BLA).
In an earlier hearing on January 5, cross-examination of key prosecution witness Aneesur Rehman concluded as the court screened political speeches and video statements. Several videos were shown, including footage of a speech by Punjab Chief Minister Maryam Nawaz, in which slogans such as “the uniform is behind terrorism” and “Bajwa is a thief” could be heard.
When asked if such slogans amounted to opposing the state, Rehman said he would comment only after reviewing the video in his official capacity. A video statement by former DG ISPR Asif Ghafoor on the missing persons was also played, but Rehman refused to comment on it.
During that cross-examination, the witness admitted that he did not know whether enforced disappearances were a serious problem in Pakistan, whether there was a missing persons commission, or what the state’s policy on the matter was.
Read more: SC orders suspension of trial in Imaan Mazari tweets case until IHC decision
Mazari and Chattha face trial under the Prevention of Electronic Crimes Act (PECA) over allegations that their social media posts attempted to incite divisions on linguistic grounds and described the military as involved in terrorism.
The FIR, registered by the NCCIA, alleges that the couple held security forces responsible for cases of enforced disappearances in Khyber-Pakhtunkhwa and Balochistan, and promoted narratives aligned with banned organisations, including the BLA and Tehreek-i-Taliban Pakistan (TTP).
The couple has denied the charges and maintains that the case is politically motivated. They were formally charged in October 2024 and also filed petitions requesting the transfer of the case and a no-confidence petition against the presiding judge, Majoka.
