Couple still cannot be released as bail in tweets case remains pending; IHC hears suspension of sentence petitions
Lawyer and rights activist Imaan Mazari and her husband, advocate Hadi Ali Chattha. PHOTO: EXPRESS
ISLAMABAD:
An Anti-Terrorism Court (ATC) in Islamabad on Friday granted bail to human rights activist and lawyer Imaan Mazari and her husband, Hadi Ali Chattha, in two more cases.
Judge Abul Hasnat Muhammad Zulqarnain approved the bail against surety bonds of Rs5,000 each. One case pertains to a scuffle outside the High Court, while the other relates to a protest outside the Press Club. In the High Court scuffle case, the complainant, High Court Bar President Wajid Gilani, had submitted an affidavit a day earlier.
Despite recent bail approvals, Imaan and Hadi cannot be released as they are sentenced in the controversial tweets case and their bail in the controversial tweets case remains pending. Adding to the delay, petitions for suspension of sentence in that case have not yet been fixed for early hearing before the High Court.
Read: Amnesty condemns convictions of Imaan Mazari, Hadi Chattha
On February 19, Judge Zulqarnain granted Imaan and Hadi post-arrest bail on sureties of Rs10,000 each in a case involving a confrontation with the police. The case, registered at the Secretariat Police Station, involves accusations of a police altercation and public protest.
Both Imaan and Hadi were handed a combined 17-year prison sentence on January 24, by a trial court in Islamabad. The couple was convicted on multiple charges linked to controversial social media posts that the prosecution argued amounted to an anti-state narrative under cybercrime laws.
In a 22-page judgement authored by District and Sessions Judge Afzal Majoka, Imaan and Hadi were found guilty under several provisions of the Prevention of Electronic Crimes Act (PECA), 2016. They were acquitted of one charge related to hate speech.
IHC takes up suspension of sentence petitions
Meanwhile, the Islamabad High Court (IHC) took up the re-hearing of suspension of sentence petitions filed by Imaan and Hadi, with Justice Muhammad Asif presiding over the proceedings.
The government requested that the case be transferred to the court of Justice Azam Khan, with the assistant attorney general arguing that a similar case had previously been heard there. However, the couple’s counsel, Riasat Ali Azad, pushed back, noting that “no such case is pending before any other court.”
Read More: UN experts raise alarm on Imaan, Hadi’s convictions
He added that their appeal had been heard in the same court from the very beginning and that the bench commanded their full confidence.
“It is concerning for me how the government can object to the bench,” Azad remarked, before appealing for urgency. “My only request is that it would be a major relief for us if the case is fixed before Eid,” he said.
Justice Asif replied, saying, “Alright, let’s see,” before retiring to his chamber. The state counsel also did not object fixing a date. Azad expressed confidence that a date would be announced by the end of the day.
On February 21, the IHC issued a written order in the controversial tweets case, serving notices on appeals filed against Imaan and Hadi’s convictions. The court had also issued notices on applications seeking suspension of their sentences.
Justice Asif released a two-page written order after the hearing. According to the order, Imaan and Hadi have challenged their January conviction verdict before the high court. Counsel for the petitioners argued that the decision was not legally sound and should be declared void.
