ISLAMABAD: The Islamabad High Court (IHC) on Tuesday directed a trial court to re-record the statements of prosecution witnesses within three days in the controversial social media posts case against rights activist Imaan Mazari-Hazir and her husband, Hadi Ali Chattha.
The order was issued by Justice Mohammed Azam Khan while hearing a petition filed by Mazari challenging a trial court order dated November 19, under which the testimonies of all prosecution witnesses had been recorded. The IHC referred the matter back to the trial court, clarifying that it was not commenting on the merits of the case.
The controversy arose after the trial court proceeded with recording witness statements despite the defence raising objections. On November 19, Chattha appeared before the trial court, while Mazari’s lawyers marked her presence. However, the court allowed the prosecution to proceed with witness testimonies, prompting the defence to approach the high court.
During Tuesday’s hearing, defence counsel Riasat Ali Azad argued that the trial proceedings violated the accused persons’ right to a fair trial under Article 10A of the Constitution. He maintained that the defence had not been provided with the complete case record and that the issue had been repeatedly raised before the trial court.
Azad also informed the court that senior advocate Faisal Siddiqui had submitted his power of attorney on behalf of the accused but was unable to appear as he was engaged in cases in Lahore. He requested that the matter be taken up after court vacations. He further pointed out that the Supreme Court had earlier directed an early disposal of the case, although no specific timeline had been set.
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The prosecutor, Raja Naveed, contended that the entire record was available and that the trial court had acted in accordance with the law. However, Justice Khan questioned whether the statements of four witnesses had been recorded in the absence of one of the accused. In response, the prosecutor argued that the conduct of the accused was also a relevant consideration.
Defence counsel insisted that, under criminal procedure, witness statements must be recorded in the presence of the accused and sought additional time for preparation. After hearing the arguments, Justice Khan ordered that the witnesses’ statements be recorded afresh and directed the trial court to complete the process within three days.
Defence counsel Azad insisted that witness statements must be recorded in the presence of the accused and sought time until Monday.https://t.co/5g3rIBY2zK
— Dawn.com (@dawn_com) December 16, 2025
The case originates from a complaint filed on August 12, 2025, by an assistant director of the National Cybercrime Investigation Agency (NCCIA) in Islamabad under the Prevention of Electronic Crimes Act (Peca). The complaint alleged that Mazari shared and propagated content on social media that aligned with narratives of hostile terrorist and proscribed organisations, while Chattha was accused of reposting some of the content.
Earlier, the Supreme Court had stayed the trial proceedings until the IHC decided the pending appeals filed by the accused.
