KARACHI: The Supreme Court of Pakistan has ordered a suspension of the ongoing trial related to Imaan Mazari and Hadi Ali Chattha’s social media posts, until the Islamabad High Court (IHC) issues its ruling. The decision was announced during a hearing on Thursday, where the court emphasized that the high court should thoroughly hear all parties involved before forming a decision.
A three-judge bench, led by Justice Hashim Kakar, with Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim, oversaw the proceedings. The petitioners, Imaan Mazari and her husband, had approached the IHC on December 1, seeking transfer of their case, citing concerns over transparency and alleged bias by Additional Sessions Judge Afzal Majoka.
During the hearing, Imaan Mazari’s legal team requested an urgent stay on the trial, which was being held at the District and Sessions Court in Islamabad. However, on the same day, the IHC declined their plea for interim relief, prompting their lawyer Faisal Siddique to appeal to the Supreme Court on December 4.
In their appeal, the couple’s legal representatives argued that the case was nearing its final stages, and that immediate intervention was necessary. They also challenged the legality of the proceedings, alleging violations of due process, particularly regarding evidence being recorded without their presence.
The Supreme Court highlighted that the IHC is expected to consider both sides fully and issue a prompt decision. The stay was granted with the mutual consent of both the petitioners and the prosecution. Meanwhile, the Islamabad court postponed the hearing of the controversial tweets case until December 15, as the petition in the IHC remains unresolved. Notably, the Norwegian ambassador was present during the courtroom session.
Faisal Siddiqi, representing the accused, raised concerns that charges had been filed under the Prevention of Electronic Crimes Act (PECA), and that witnesses had been cross-examined in court without the defendants’ presence. Justice Ishtiaq Ibrahim requested evidence of these proceedings, to which Siddiqi responded that they had protested in court.
Justice Salahuddin Panhwar inquired if the defense team was present during the cross-examinations, suggesting that they might have left in protest. Siddiqi confirmed this, and Justice Kakar remarked that evidence should not be recorded without the accused present. The bench underscored the importance of a fair and transparent trial, emphasizing that neither judges nor courts should be disrespected during proceedings.
The court also noted that the defendants are lawyers themselves and could conduct cross-examinations if needed. Justice Kakar added that a verdict should not be issued prematurely, and that the integrity of the judicial process must be upheld.Additional Attorney General Rana Asad objected to the admissibility of the petition, but Justice Kakar dismissed this concern, asserting the constitutional right to a fair trial.
The case against Imaan Mazari and Chattha was filed by the National Cyber Crime Investigation Agency (NCCIA), accusing them of sharing content considered “anti-state” on social media platform X. Both defendants were formally charged on October 30, with Judge Majoka indicting them, though both deny the charges.
The allegations claimed Mazari propagated narratives linked to banned organizations, and her husband was accused of reposting her posts. The petitioners argued that the complaint lacked specific allegations and was based on a selective review of posts dating back to 2021.
The courtroom experienced some levity when Justice Hashim Kakar joked about the writing of the order, asking if there were any objections. The proceedings also featured light-hearted exchanges, with lawyers and judges sharing moments of humor, including poetic recitations and witty remarks, which elicited laughter from all present. In conclusion, the court underscored the importance of a fair legal process, ensuring that both parties are given full opportunity to present their case before any final decision is made.
