LEGAL
The Supreme Court of Pakistan will hear on Thursday, December 11, an urgent plea filed by lawyer Imaan Zainab Mazari-Hazir, seeking a stay in the ongoing trial related to her controversial social media posts. Mazari, along with her husband, Hadi Ali Chatha, is facing trial for posts allegedly inciting divisions based on linguistic grounds and suggesting that Pakistan’s armed forces were involved in terrorism.
The case has drawn significant attention, with the petitioners arguing that the trial is nearing its conclusion, thus making the need for an expedited hearing critical. Their counsel, Faisal Siddiqi, has appealed to the apex court after the Islamabad High Court (IHC) on December 1 denied them interim relief to halt the trial. The petitioners have now turned to the Supreme Court in hopes of securing an immediate stay on the proceedings.
Mazari and Chatha were accused by the National Cyber Crime Investigation Agency (NCCIA) of spreading divisive narratives and associating the military with terrorist groups through their social media posts, particularly on X (formerly Twitter). The case involves posts dating back to 2021, with Mazari accused of aligning her views with proscribed organizations, while her husband was implicated for re-sharing her posts.
The couple was indicted in the case by Additional District and Sessions Judge Muhammad Afzal Majoka, but both have denied the charges. They claim that the trial has violated several legal procedures, particularly the lack of presence of the accused during key stages of the trial. The petitioners argue that evidence was recorded in their absence, violating Section 353 of the Code of Criminal Procedure (CrPC), which mandates the presence of the accused during evidence recording.
In their petition, the couple stressed the urgency of the matter, given that the criminal trial is at its concluding stage, and warned of the irreparable harm they could suffer if the trial continues without addressing these procedural issues. They argue that the delay would not prejudice the prosecution, but would ensure a fair trial and protect their constitutional rights to due process and a fair hearing under Article 10A of the Constitution.
The application filed with the Supreme Court points to the looming risk of a criminal conviction, given the apparent irregularities in the trial process. The petitioners emphasize that this trial is not just about the alleged social media posts, but about the broader principles of due process and judicial fairness. They further argue that under Section 7 of the Supreme Court (Practice and Procedure) Act, 2023, their application should be treated as urgent and heard within 14 days.
A three-judge bench of the Supreme Court, led by Justice Muhammad Hashim Khan Kakar, will hear the case. Justices Salahuddin Panwhar and Ishtiaq Ibrahim will also be part of the bench.
The case has intensified the debate over freedom of expression and social media regulation in Pakistan, particularly as political figures, like Mazari, face legal challenges for their posts. The petitioners' legal team argues that denying them a fair hearing or staying the trial would lead to irreparable loss, potentially resulting in a criminal conviction for issues that could have been rectified with a fair trial.
As the legal proceedings unfold, the outcome of this case could set an important precedent for the intersection of social media, free speech, and legal accountability in Pakistan.