Observes that the Supreme 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 on a petition seeking stay of sentences awarded to advocate Imaan Mazari and advocate Hadi Ali Chattha, while observing that the Islamabad High Court (IHC) should hear and decide their pending application for stay of sentence.
A three-member bench headed by Justice Muhammad Ali Mazhar, and comprising Justice Mussarat Hilali and Justice Shahid Bilal Hassan, heard the matter.
During the hearing, Imaan Mazari’s lawyer Faisal Siddiqi claimed that the Supreme Court had earlier ordered the IHC to decide the application for suspension of sentence within two weeks, but the order had not been complied with.
He said the IHC had initially fixed the matter for May 20 and later adjourned it to June 4. However, the cause list for June 4 was canceled and the case had not been scheduled for hearing since then.
The lawyer further stated that an application seeking an early hearing had also been submitted to the IHC but was returned without consideration.
“Our only request is that the high court settle the case and decide it, even if the decision goes against us. The matter should at least be heard,” Siddiqi argued before the court.
Justice Mazhar observed that the SC generally does not interfere even in interim orders passed by high courts, while in the present case, the IHC had not even issued notices to the prosecution.
Accepting the application made by the petitioners’ lawyers, the high court issued notices to the additional attorney general and other respondents and adjourned the hearing till July 21.
The petition seeks the suspension of the sentences awarded to 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 directed the IHC to decide the applications “preferably within two weeks” while hearing the petitions filed by the couple. However, the matter is still pending before the high court.
Despite the SC’s directions, the IHC is yet to decide the applications. The matter is now before a differently constituted SC bench.
It is not clear whether the three-member committee constituted under the Supreme Court (Practice and Procedure) Act allocated the case to the new bench.
The IHC last heard the matter on June 1, when the prosecution sought time to prepare its arguments. The hearing was adjourned until June 4. However, the June 4 cause list was canceled on June 2 and the case has not been listed since.
Later, Faisal Siddiqi, lawyer for Imaan Mazari and Hadi Ali Chattha, approached the SC seeking an early hearing in the matter.
Legal observers say the court can adopt one of three courses: return the matter to the IHC with directions for its early disposal, withdraw the high court’s May 12 order or decide on its own the applications for suspension of the sentence.
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.
