Supreme Court Defers Ruling on Mazari, Chattha Sentence Suspension

The Supreme Court on Thursday adjourned the hearing on applications filed by rights activists Imaan Zainab Mazari-Hazir and her husband, Hadi Ali Chattha, seeking suspension of their 17-year sentences in the controversial social media posts case. The bench, headed by Justice Naeem Akhtar Afghan and comprising Justice Ishtiaq Ibrahim, was hearing the pleas when it decided to continue the hearing.

Mazari and Chattha's counsel, senior counsel Faisal Siddiqi, argued that the Supreme Court had earlier directed the Islamabad High Court (IHC) to decide the appeals seeking suspension of sentences within two weeks, but the case had now been scheduled for a hearing on September 8. The counsel expressed concern that the case might disappear from the system, as the cause list had not yet been issued by the high court.

'The system should be fully exposed'

Justice Afghan observed that the system should be allowed to be 'fully exposed,' adding that while the case might disappear from the system, 'we are not.' He was quoted as saying, 'Don’t worry, we are here. We will be here in the future as long as we are alive.'

Additional Attorney General (AAG) Rana Asad, representing the state, said the high court had its own system for fixing cases. Justice Afghan remarked that it would be better not to ask the Supreme Court for any opinion on the high court's system. The AAG said the annual vacation of the high court would end on September 6, after which it would resume official work, and added that the applications seeking suspension of sentence were not maintainable.

Background of the Case

The couple was arrested in January, and a district and sessions court later sentenced them to a combined 17 years' rigorous imprisonment each under the Prevention of Electronic Crimes Act (PECA) and other charges, with fines of Rs36 million. The judge acquitted them of a separate hate-speech charge. They were arrested near the Serena Hotel in Islamabad while travelling to the district courts. During a previous hearing, Imaan alleged mistreatment in custody and announced a boycott of the proceedings.

In March, Imaan approached the Supreme Court seeking suspension of her sentence, arguing that the IHC had failed to list her application. The petition called the trial court's order 'completely illegal' and 'mala fide.' In June, the National Counter-Counter Intelligence Agency (NCCIA) challenged the Supreme Court's earlier directive that the high court decide the suspension applications within a specific timeframe, arguing that the apex court cannot interfere in matters already pending before a high court.

Legal Manoeuvring Continues

On July 21, the Supreme Court had adjourned the hearing after arguments over whether parallel proceedings in the IHC should continue. The court expressed reluctance to regulate proceedings before the high court. On July 24, the IHC reserved its decision on the maintainability of the suspension applications, stating it would first rule on the prosecution's objection.

A cause list issued by the IHC Registrar's Office on Thursday showed that Justice Muhammad Azam Khan would hear the case on September 8, as both sides continue to navigate the legal complexities of the case. The Supreme Court has adjourned the hearing until September 17.