IHC dissolves bench hearing appeals of Imaan and Hadi, orders constitution of new bench – Pakistan
ISLAMABAD: The Islamabad High Court (IHC) on Monday dissolved the bench hearing the appeals of human rights lawyer Imaan Zainab Mazari-Hazir and her husband Hadi Ali Chattha against their conviction in a controversial tweets case, and ordered the file to be placed before Chief Justice Sardar Sarfaraz Dogar for the constitution of a new bench.
A sessions court had sentenced the two lawyers to a total of 17 years in prison on multiple charges in January, a day after they were arrested in Islamabad in connection with a separate case.
Justice Muhammad Asif issued the order on an application filed by the appellants seeking the early hearing of their appeals and suspension of their sentences.
During the proceedings, the counsel for the appellants, Riasat Ali Azad, argued that despite the matter being taken up on February 19, no effective date had been assigned for the hearing, prolonging the incarceration of his clients.
The court was informed that proceedings involving the same appellants had previously been entertained by a bench comprising Justice Mohammed Azam Khan.
The order noted that “in the interest of judicial consistency, continuity, and effective adjudication, the present appeal may also be placed before the said bench”.
Consequently, the court directed the office to place the case file before the chief justice for appropriate orders regarding reassignment of the matter.
The development comes days after the previous hearing on February 27, when the government had requested that the appeal be transferred to the court of Justice Azam Khan, arguing that a similar matter had previously been heard there.
The assistant attorney general had submitted that it would be appropriate for the same bench to hear related matters.
However, the appellants’ counsel had opposed the move at that time, maintaining that no such case was pending before any other court and noting that the present appeal had been heard by Justice Muhammad Asif since its inception.
Under Section 9 of Peca, both Imaan and Hadi have been sentenced to five years of rigorous imprisonment and fined Rs5 million each, with an additional year in default.
For Section 10, they were each handed 10 years’ rigorous imprisonment and fined Rs30m, with two more years in default. Under Section 26-A, they received two years’ rigorous imprisonment and a fine of Rs1m each, with six months’ additional jail time in case of non-payment. All sentences will run concurrently.
On Feb 7, the couple had challenged the trial court’s order. In their appeals, the two contended that the impugned judgment was passed in blatant violation of settled legal principles and mandatory procedural requirements.
