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Islamabad (Manend News) An Islamabad district and sessions court rejected on Thursday an application submitted by lawyer and rights activist Imaan Zainab Mazari-Hazir, seeking her acquittal in a controversial social media posts case.
Judge Muhammad Afzal Majoka, who was presiding over the proceedings, also rejected an application moved by Mazari and her husband, co-accused Hadi Ali Chattha, challenging the appointment of a counsel by the state to represent them in the case registered with the National Cybercrime Investigation Agency (NCCIA).
Both of them have been accused of attempting to incite divisions on linguistic grounds through social media posts and of creating the impression that the armed forces were engaged in terrorism within the country.
At the hearing today, Mazari and Chattha, along with lawyer Sher Afzal Marwat, Islamabad Bar Association (IBA) President Naeem Ali Gujjar, Islamabad Bar Council member Raja Aleem Abbasi and other legal representatives, appeared before the court.
The court’s previous orders were read out to Marwat, who presented arguments challenging the appointment of a counsel by the state to represent Mazari and Chattha.
He contended that under relevant rules, a lawyer should have at least five years of practice in criminal cases for such an appointment. He further argued that the accused, too, must have confidence in the counsel appointed for them.
Marwat cited several Supreme Court judgements in support of his arguments.
Abbasi endorsed the arguments presented by Marwat, pointing out that the accused had “explicitly expressed a lack of confidence” in the state-appointed counsel.
Mazari and Chattha have been objecting to the appointment of a counsel by the state to represent them in the case, with Mazari even alleging at one instance that the court had “forcibly appointed [a] state defence counsel”.
During a previous hearing on November 29, she had a heated exchange with the state-appointed counsel and accused him of being a “tout”.
The examination of the prosecution’s witnesses was also completed during that hearing.
Abbasi, however, urged the court today to recall the prosecution’s witnesses, saying that the defence should be allowed to conduct a “surgery” through proper cross-examination.
For his part, Gujjar complained about “heavy police presence and the treatment of lawyers” at previous hearings.
He requested the court to treat the case against Mazari and Chattha “as a routine case” and summon the witnesses again to “ensure fairness”.
Then, Marwat sought more time from the court, saying that “things might improve if proceedings are reset”.
After the completion of arguments on the application challenging the appointment of a counsel by the state for Mazari and Chattha, the court reserved its decision on the matter and later dismissed it.
Subsequently, it also dismissed an application submitted by Mazari at the hearing on November 29 for her acquittal. The court has already rejected Chattha’s acquittal application.
Separately, IBA President Gujjar submitted a power of attorney to the court to represent Mazari and Chattha.
At that instance, Judge Majoka also enquired about the recording of statements by the accused under Section 342 of the Criminal Procedure Code (CrPC).
Before concluding the November 29 hearing, Judge Majoka had directed the prosecution to prepare and submit the questionnaire under Section 342 of the CrPC to the accused by December 4 (today) and instructed Mazari and Chattha to submit their replies.
Upon his enquiry today, Chattha told him that they had not received a copy of the questionnaire yet.
At that, the judge assured that a typed copy would be provided to the accused by 10am.
The next hearing of the case will be held tomorrow.