An Islamabad court on Thursday withdrew non-bailable arrest warrants issued a day earlier against human rights activist and lawyer Imaan Zainab Mazari-Hazir and her husband, Advocate Hadi Ali Chattha, in a social media posts case, a day after.
The National Cybercrime Investigation Agency (NCIA) had registered a case against Mazari and Chattha, accusing the two of attempting to incite divisions on linguistic grounds through social media posts and of creating the impression that the armed forces were engaged in terrorism within the country. Additional District and Sessions Judge (ADSJ) Muhammad Afzal Majoka had indicted the two in the case last week, in which both denied the charges.
At yesterday’s hearing, the court issued non-bailable arrest warrants to the couple over repeated non-appearance. However, the accused alleged that they had appeared in front of the court and termed the hearing a “sham trial”.
Today’s hearing, presided over by ADSJ Majoka, was called twice in the morning —first at 8:45am and later at 10:16am— but the accused did not appear, after which the hearing was adjourned.
However, later, the couple appeared before the court, and the hearing resumed. During the hearing, Mazari requested the court to allow her time to hire legal counsel.
“Time should be given to appoint a lawyer,” she said, adding that the rapid pace at which the case was being conducted was “violating our rights.”
She further stated, “We are being punished for speaking the truth.”
Mazari also requested that the indictment be read out to them in court.
In response to this, ADSJ Majoka said that the indictment had already been read three times, including in the presence of legal representatives.
Chattha — whose power of attorney had been submitted earlier by Advocate Samiullah Wazir — also requested the court to remove the state counsel appointed for him.
To this, the court clarified that it had not appointed the state counsel and that only the relevant committee responsible for the appointment could remove them if required.
On the other side, the prosecutor was against granting the accused any more time. He went on to argue that statements of witnesses should be recorded and, if necessary, a state counsel could continue representing the accused.
On the matter of Mazari’s legal representation, ADSJ Majoka directed that the power of attorney for Mazari’s counsel be submitted on Saturday.
He adjourned the hearing to Saturday as well.
He also stated that arguments regarding the continuation or removal of the state counsel will also be heard on Saturday, after which the court will decide the matter.
Over the appearance of both of the accused, the court suspended the arrest warrants against the couple.
Separately, in a post on X, Mazari alleged that “she had only been given one day to hire legal counsel,” adding that “charges against them had not yet formally been framed.”
She further alleged that “despite Hadi submitting power of attorney, the court remained persistent that he should be represented by state counsel.”
Mazari went on to note: “The court adjourned the hearing to Saturday in this case, while many other trials usually stretch on for 2-3 weeks.”
In a separate tweet detailing yesterday’s hearing, Mazari had alleged that the judge had “flatly refused” to read the charges to her.
He “[began] recording of evidence without charge being framed and my plea,” she added.
Mazari continued: “This is not an independent or impartial court but a party to the case. The bias is clear, and this Judge should no longer hear this case.
“This is a sham trial.”
At yesterday’s hearing, heated exchanges took place between the accused and the court.
Mazari objected to the court’s previous order, calling it “baseless” and claiming that the record incorrectly stated she had been indicted. As the hearing resumed after a brief adjournment, Chatha expressed no confidence in the court, alleging bias.
“This court is biased and should not hear this case,” he said.
ADSJ Majoka replied that such an application should have been filed before the indictment. “Had you expressed no confidence before the indictment, I could have transferred the case. Now, this power lies with the High Court,” the judge remarked.
Chatha then alleged that the judge was “under pressure,” which the judge firmly denied.
On October 29, Chattha was arrested outside the courtroom for non-appearance, despite Mazari claiming that there was video evidence of his presence both “inside and outside the courtroom”.
According to the first information report (FIR) of the case, registered by the NCIA, Mazari and Chattha were accused of attempting to incite divisions on linguistic grounds through social media posts.
It also accused the two of implying that the armed forces were engaged in terrorism within the country.
The FIR was registered under the following sections of law: Sections 9, 10, 11 and 26 of the Prevention of Electronic Crimes Act (Peca), 2016.
The FIR alleged that they held security forces responsible for cases of missing persons in Khyber Pakhtunkhwa and Balochistan.
It stated that Mazari and Chattha had portrayed the armed forces as ineffective against proscribed groups, including the Balochistan Liberation Army (BLA) and Tehreek-i-Taliban Pakistan (TTP).
