Re-Recording Ordered After Supreme Court Seeks Expeditious Decision

ISLAMABAD:
The Islamabad High Court (IHC) on Tuesday directed the trial court to re-record statements of all prosecution witnesses within three days in the case against human rights activist Imaan Mazari and her husband, Hadi Ali Chattha, citing concerns over the right to a fair trial.

Justice Azam Khan issued the directive while hearing a petition challenging the trial court’s proceedings of November 19, during which testimonies of all prosecution witnesses were recorded. The court clarified that the order was being passed without commenting on the merits of the case.

Fair Trial Concerns Raised

The defence contended that witness statements were recorded in the absence of the accused and without the presence of their chosen legal counsel, constituting a violation of constitutional safeguards.

Former Islamabad High Court Bar Association president Riyasat Ali Azad, representing Mazari and Chattha, argued that the accused were denied their fundamental right to a fair trial. He pointed out that on at least one occasion, statements of four witnesses were recorded when neither the accused nor their lawyer was present.

“Give them a chance,” Azad urged, questioning the legality and credibility of testimony recorded under such circumstances.

Court Observations

Justice Azam Khan observed that while certain procedural exemptions exist to prevent undue influence during trials, the presence of legal representation remains essential. The court questioned whether a pleader had been appointed during Mazari’s absence.

Hadi Ali Chattha informed the court that no state-appointed or private counsel was present at the time. Advocate Azad further submitted that Mazari had sought an adjournment due to illness, which was not granted.

State’s Position

The Assistant Attorney General argued that repeated adjournment requests were delaying the proceedings. However, defence counsel Aleem Abbasi maintained that any evidence recorded without the accused or their counsel was legally unsustainable.

Senior lawyer Faisal Siddiqui submitted his power of attorney and is expected to argue the case at the next hearing.

Background of the Case

The case was registered on August 12, 2025, under the Prevention of Electronic Crimes Act (PECA) 2016. Authorities allege that posts shared on X (formerly Twitter) by Mazari and Chattha were intended to incite division and portray the armed forces as being involved in terrorism.

The matter reached the high court after the defence challenged procedural irregularities in the trial court proceedings.

Next Steps

The court noted that the Supreme Court has already directed an expeditious resolution of the matter. Justice Azam Khan instructed the trial court to re-record all witness statements with the consent of both parties and proceed strictly in accordance with due process.

The case will now continue following compliance with the IHC’s directions.