Controversial tweet case: IHC directs trial court to re-record witnesses

By Nadir Baloch

ISLAMABAD: The Islamabad High Court has ordered the trial court to re-record the statements of witnesses in the controversial tweet case against human rights activist and lawyer Iman Mazari and her husband, advocate Hadi Ali Chatha.

IHC Justice Azam Khan directed the trial court to re-record the statements of witnesses within three days. He said that the direction was being issued without going into the merit of the case.

State counsel Ali Azad advocate submitted that the prosecution needed time to place the record, including the Supreme Court’s order, before the court.

He said that a power of attorney from senior lawyer Faisal Siddiqui had been submitted and that he would present arguments at the next hearing.

Justice Azam Khan observed that the Supreme Court had directed the high court to decide the petition expeditiously. The state counsel said the apex court had asked the matter to be decided after hearing both parties.

The assistant attorney general said all relevant record was already before the court and a decision could be made.

However, the state counsel argued that fair trial was a constitutional right of the accused and requested time, saying other trials were not being expedited in a similar manner.

The assistant attorney general said that the request was another attempt to delay the proceedings.

In response, the state counsel questioned whether the prosecution was even being allowed to place the record before the court, adding that if there was no regard for the trial process, the accused could be arrested from the courtroom.

Justice Azam Khan remarked that exemptions in trial proceedings exist to ensure that the trial is not affected.

He asked whether a pleader was present when Iman Mazari was absent from court. Hadi Ali Chatha said that no pleader had been appointed and that no lawyer was present in court at the time. The state counsel said Iman Mazari had sought an adjournment on the grounds of illness.

The court asked the government lawyer how much time would be required to re-record the witnesses. The assistant attorney general said the witnesses already recorded was lawful.

The state counsel maintained that if the court intended to hear the case on merit, time should be granted, adding that Faisal Siddiqui would present arguments.

Justice Azam Khan said the case would be taken up the next day and asked that Faisal Siddiqui be informed.

The state counsel said it would not be possible the following day and requested that the hearing be fixed for Monday or Tuesday, reiterating that the court was not going into the merits at this stage.

Justice Azam Khan then ordered that the witnesses be re-recorded, directing the trial court to do so with the consent of both parties. The court also noted that Judge Afzal Majoka will hear the case on Wednesday.