Special prosecutor says Iman Mazari appeals revived after Supreme Court relief

The special prosecutor in the Iman Mazari and Hadi Ali Chatta controversial tweets case told the Islamabad High Court on Wednesday that the couple's appeals had been revived after the Supreme Court granted them "extraordinary relief." Defence lawyer Faisal Siddiqui questioned the phrasing, asking whether the appeals had ever been dead.

The Supreme Court on September 17 suspended the sentences of human rights lawyer Iman Mazari and her husband, lawyer Hadi Ali Chatta, and ordered their release on bail until the Islamabad High Court decides their appeals. However, hours after they were released from Adiala Jail, the couple was re-arrested in a separate case and sent back to the prison on judicial remand by an anti-terrorism court.

A district and sessions court in Islamabad had sentenced Mazari and Chatta to a total of 17 years each on January 24 under sections 9, 10 and 26A of the Prevention of Electronic Crimes Act (PECA) over social media posts. They challenged the conviction in the Islamabad High Court and filed applications seeking suspension of their sentences.

At Wednesday's hearing, Justice Azam Khan opened proceedings and Siddiqui asked the court to decide the applications in light of the Supreme Court's recent order. "Now you have got relief," the judge remarked, and asked what the Supreme Court had written about the appeals. Siddiqui replied that the apex court had not written anything about hearing the appeals.

The judge asked the lawyer to read the Supreme Court order aloud. The special prosecutor said the order contained three points but Siddiqui retorted that the prosecutor was on leave and not present at the time. After the order was read, the special prosecutor said the appeals had been revived by the Supreme Court's extraordinary relief. Siddiqui shot back: "Was the appeal dead before?"

After hearing arguments from both sides, Justice Azam Khan said the court would pass an order. Independent Urdu reported that the hearing had earlier been adjourned to September 23 because the National Cyber Crime Investigation Agency (NCCIA) prosecutor was unavailable in early September.