The Islamabad High Court (IHC) on Tuesday ordered the trial court hearing the controversial social media posts case against rights activist Imaan Mazari-Hazir and her husband Hadi Ali Chattha to record witnesses’ statements afresh within three days.
IHC’s Justice Mohammed Azam Khan passed the directives while hearing a petition filed by Mazari challenging the trial court’s November 19 order, when the court had recorded the testimonies of all prosecution witnesses. Chattha had appeared before the court while Imaan’s lawyers had marked her presence. The court, however, had ordered the prosecution to proceed with the witnesses’ testimonies.
On Tuesday, IHC’s Justice Khan observed that witnesses’ statements should be recorded again and said that the case was being referred back to the trial court without touching its merits.
During the hearing, defence counsel Riasat Ali Azad told the court that senior advocate Faisal Siddiqui had submitted his power of attorney but was busy with cases in Lahore, seeking a hearing after court vacations.
He also pointed out that the Supreme Court (SC) had directed an early decision in the matter, though no specific timeframe was fixed. Last week, the apex court had stayed trial proceedings against the two until their pending appeals were decided by the IHC.
Meanwhile, the prosecutor, Raja Naveed, maintained that the complete record was available before the court.
Azad then argued that the accused were entitled to full protection under Article 10A (right to a fair trial) of the Constitution and raised the objection that the record had not been properly provided. He contended that the issue had been raised at the previous hearing as well.
During the hearing, the court also questioned whether the statement of the four witnesses had been recorded in the absence of one of the accused. At this, the prosecutor responded by saying that the conduct of the accused was also a relevant factor.
Defence counsel Azad insisted that witness statements must be recorded in the presence of the accused and sought time until Monday.
Subsequently, the court issued directives to the trial court.
The controversy stems from a complaint filed on Aug 12, 2025 by the assistant director (investigating officer) at the National Cybercrime Investigation Agency (NCCIA), Islamabad, before the Cybercrime Reporting Centre, FIA, under the Prevention of Electronic Crimes Act (Peca).
The complaint accused Imaan of disseminating and “propagating narratives that align with hostile terrorist groups and proscribed organisations,” while her husband was implicated for reposting some of her posts.
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