LEGAL
Lawyers Imaan Zainab Mazari-Hazir and her spouse Hadi Ali Chattha on Saturday filed separate criminal appeals in the Islamabad High Court (IHC), challenging their conviction in the controversial social media posts case. The appeals seek to have the trial court’s January 24 verdict, which sentenced the couple to a combined 17 years in prison on multiple charges, declared null and void.
In their appeals, the couple argued that the trial court’s verdict was delivered in blatant violation of established legal principles and mandatory procedural requirements. They pointed out that the trial court proceeded with the judgment despite a pending application for case transfer before the IHC, making the decision unlawful and without jurisdiction. According to the appeals, once a transfer application is filed and pending before a superior court, the trial court is barred from taking further action, and any judgment under such circumstances is void ab initio.
The appellants also raised concerns about the conduct of the trial, alleging that their right to a fair defense was effectively denied under the guise of ensuring transparency. They argued that the court limited their ability to cross-examine witnesses and present their case fully, which constitutes a violation of the constitutional guarantee of a fair trial.
Serious questions were also raised regarding the fairness of the proceedings. The appeals noted that a state counsel admitted that certain questions were communicated to the defense in advance, casting doubt on the integrity of the trial, yet no inquiry was conducted by the court.
The circumstances surrounding the arrest of the two lawyers were also challenged. The appeals allege that both Imaan and Hadi were subjected to torture while en route to appear before the trial court, but the court failed to investigate these claims. Moreover, the appellants questioned the legality of video-link proceedings conducted from jail, arguing that they were unable to adequately access the judicial file or defend themselves effectively.
Based on these grounds, the lawyers requested the IHC to declare the January 24 verdict unlawful and suspend the sentence pending the outcome of the main appeal.
The Islamabad sessions court had last month sentenced Imaan Mazari-Hazir and Hadi Ali Chattha under Sections 9 (glorification of an offense), 10 (cyberterrorism), and 26-A (false information) of the Prevention of Electronic Crimes Act (PECA). Under Section 9, both were sentenced to five years’ rigorous imprisonment and fined Rs5 million each, with an additional year in default. Section 10 carried a 10-year imprisonment term and Rs30 million fine for each, with two more years in default. Under Section 26-A, the couple received two years’ imprisonment and Rs1 million fine each, with six months additional jail time in case of non-payment.
The verdict had sparked widespread criticism from human rights groups, political parties, and members of civil society, raising concerns over freedom of expression, procedural fairness, and the application of PECA in Pakistan.