ISLAMABAD: An Islamabad district and sessions court on Thursday dismissed an acquittal plea filed by lawyer and rights activist Imaan Zainab Mazari-Hazir in a case concerning allegedly inflammatory social media posts.
The court also rejected a joint application by Mazari and her husband, co-accused Hadi Ali Chattha, challenging the state’s appointment of a defence counsel for them in the National Cybercrime Investigation Agency (NCCIA) case.
Mazari and Chattha are accused of attempting to stoke linguistic divisions and creating the perception that the armed forces were engaged in terrorism inside Pakistan through their online statements.
Both appeared before Judge Muhammad Afzal Majoka along with PTI leader and lawyer Sher Afzal Marwat, Islamabad Bar Association President Naeem Ali Gujjar, Islamabad Bar Council member Raja Aleem Abbasi and other legal representatives.
Defence challenges state-appointed counsel
During the hearing, the court reviewed its previous orders as Marwat argued that the state-appointed counsel did not meet the legal requirement of five years’ criminal law practice. He insisted that the accused must have confidence in any counsel appointed on their behalf, pointing to multiple Supreme Court judgments to support his position.
Abbasi seconded the argument, noting that Mazari and Chattha had “explicitly expressed a lack of confidence” in the state-appointed lawyer. Mazari had earlier accused the court of “forcibly” assigning counsel, and at the November 29 hearing she engaged in a heated exchange, calling the state-appointed lawyer a “tout”.
With the prosecution witnesses already examined on November 29, Abbasi urged the court on Thursday to recall them for proper cross-examination, saying the defence had been denied a fair opportunity. Gujjar also complained about heavy police presence and what he termed “poor treatment of lawyers” during previous proceedings, requesting that the case be handled “as a routine matter”.
Marwat sought additional time, saying that “things might improve if proceedings are reset”. After hearing arguments, the court reserved and later announced its verdict, dismissing the defence’s application challenging the appointment of counsel.
Acquittal plea dismissed
Following this, the court also dismissed Mazari’s acquittal application. Chattha’s acquittal plea had already been rejected earlier.
Separately, IBA President Gujjar submitted a power of attorney to formally represent Mazari and Chattha.
Judge Majoka then asked about recording statements under Section 342 of the Criminal Procedure Code (CrPC). Though the prosecution had been directed to submit a questionnaire to the accused by December 4, Chattha said they had not received it. The judge assured that a typed copy would be provided by 10am. The trial will resume on Thursday.
Mazari Moves Supreme Court for Urgent Hearing
In a parallel development, Mazari filed an application before the Supreme Court seeking urgent fixation — preferably by Friday — of a joint appeal challenging the Islamabad High Court’s (IHC) refusal to grant interim relief in the same case.
The IHC had issued notices on December 1 but declined to stay the trial. Mazari and Chattha then filed a criminal appeal under Article 185(3) of the Constitution, arguing that their trial was proceeding unlawfully, particularly because evidence was recorded in their absence — a violation of Section 353 of the CrPC and their fundamental right to a fair trial under Article 10A.
The fresh plea says the trial is at its concluding stage and that without interim relief, their criminal revision before the IHC would become ineffective. It warns of “irreparable loss” due to what the petitioners call “gross violations of due process” and a “clear and present danger” of conviction.
The petition cites Judge Majoka’s November 29 order and stresses that the matter falls under the Supreme Court’s urgent-listing rules, which require hearings on urgent pleas within 14 days.
Mazari and Chattha were booked on August 12 under the Prevention of Electronic Crimes Act (PECA) 2016 by the NCCIA at the FIA’s Cyber Crime Reporting Centre.
