IHC orders to re-record witnesses’ statements in Imaan Mazari controversial tweets case

• Hadi appears in court; Imaan represented by lawyers.
• SC instructed hearing of both parties before verdict.
• Verdict can be given based on available record: AAG. 
  

The Islamabad High Court (IHC) on Tuesday directed the trial court, seized with controversial social media posts case against Imaan Mazari and her husband Hadi Ali Chattha, to re-record witnesses’ statements within three days.

IHC Justice Mohammed Azam Khan issued the directives while hearing a petition filed by Mazari, challenging the trial court’s November 19 order. Chatha appeared before the court, while Mazari was represented by her lawyers.

“Merit is not being considered. We are directing the trial court to re-record the witnesses’ testimonies within three days […] Supreme Court has directed us to decide the matter at the earliest,” Justice Azam Khan remarked while hearing the case.

Defence counsel Riasat Ali told the court that the Supreme Court had instructed that both parties be heard before a decision.

During the hearing, the assistant attorney general said that all records were present before the court and argued that the testimonies recorded so far were legally valid. “All records are before the court. A verdict can be made based on them,” he said.

The IHC judge raised questions about trial procedures and the presence of legal representatives. “If Imaan Mazari was not present in court, was her pleader present?” Justice Azam Khan asked.

The court also sought clarification on the timeline for re-recording the testimonies. “How long will it take to re-record the testimonies?” Justice Azam Khan asked the defence counsel.

Advocate Riasat requested more time, saying that arguments on merit would be presented by Faisal Siddiqui. “If we are to hear the matter on merit, we need time. Faisal Siddiqui will present the arguments,” he said.

Justice Azam Khan instructed that the case be adjourned till tomorrow and asked Faisal Siddiqui to appear for arguments.

Meanwhile, the apex court, last week, issued directives to halt the trial of lawyer Mazari and her husband in the controversial tweets case.

A three-member SC bench comprising Justice Hashim Khan Kakar, Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim heard and accepted Mazari’s plea against the Islamabad High Court verdict which had dismissed the lawyer’s plea seeking to stop the trial in the additional sessions judge’s court.

The court, in its verdict, said that the trial in the said case should be halted till the decision of the IHC.

Mazari and Chattha were booked in a case registered by the National Cyber Crime Investigation Agency (NCCIA) under Sections 9, 10, 11 and 26 of the Prevention of Electronic Crimes Act (Peca), 2016 and were subsequently indicted on October 30.