IHC reserves ruling on objection to pleas by Imaan Mazari and Hadi Chattha

ISLAMABAD: The Islamabad High Court (IHC) on Friday withheld its decision on a prosecution objection to petitions filed by lawyers and rights activists Imaan Zainab Mazari-Hazir and Hadi Ali Chattha, who are seeking suspension of the sentences handed to them in the controversial tweets case.

Justice Muhammad Azam Khan heard the matter after the National Cyber Crime Investigation Agency (NCCIA), through its lawyer, questioned whether the petitions could be entertained at this stage. The prosecution argued that the applications for suspension of sentence had been moved too early and asked the court to first decide its separate plea challenging their admissibility.

According to the prosecution, taking up the suspension requests before deciding its objection would render the NCCIA application ineffective. After hearing both sides, Justice Khan observed that the court would first determine the prosecution’s challenge to the maintainability of the petitions before examining the substance of the requests for suspension of sentence. He then reserved the order on the NCCIA application.

Defence sought simultaneous hearing

Appearing for the couple, Advocate Faisal Siddiqui told the court he was ready to respond to the prosecution’s objection without delay. He argued that if the NCCIA was maintaining that the suspension petitions were not maintainable, then both matters should be taken up together.

The judge, however, advised the defence counsel to prepare his arguments, saying that doing so would serve his clients’ rights. The court was told by Siddiqui that he did not wish to delay the proceedings on that account.

Justice Khan remarked:

"You should prepare first. It is good for your rights,"

In reply, Siddiqui told the court:

"I waive my rights. I am ready to give arguments,"

Case background

On January 24, an Islamabad sessions court sentenced Imaan and Hadi to a combined 17 years in prison on multiple charges under the Prevention of Electronic Crimes Act (Peca). Their convictions later drew criticism from lawyers as well as United Nations experts.

Following the convictions, the two challenged the trial court’s ruling before the IHC on February 7. The petitions now before the high court seek suspension of the sentences awarded in that case, but the immediate question before the court is whether those pleas are maintainable.