ISLAMABAD: The Islamabad High Court bench headed by Justice Muhammad Azam Khan rejected the plea of advocates Iman Mazari and Hadi Ali Chatha for a stay on the trial court proceedings in the controversial tweets case.
Justice Muhammad Azam Khan heard the case after removing objections raised by the Registrar’s Office, and issued notice to the National Cyber Crime Investigation Agency (NCCIA) for a response, here on Monday.
Advocates Iman Mazari and Hadi Ali Chatha appeared in the IHC along with their counsels, including Islamabad Bar Council members Raja Aleem Abbasi, Zafar Khokhar, former President of the Islamabad High Court Bar Association Riyat Ali Azad, and a large number of other bar officials and lawyers.
Advocate Riyat Ali Azad read out the trial court’s order and submitted that although exemption from personal appearance had been sought for only one day, the statements of four prosecution witnesses were recorded the same day in the absence of the accused. The court inquired why an application for one-day exemption was filed instead of seeking adjournment. The court observed that when there are multiple accused, the trial continues even if one is exempted. The court asked about the proceedings on the last hearing. Advocate Hadi Ali Chatha said an application was moved on the very next day requesting that witness statements be recorded in the presence of the accused, but the trial court rejected it.
On the issue of cross-examination of the five witnesses, Advocate Riyat Ali Azad stated that the cross-examination was conducted after the accused were removed from the courtroom, which violated the basic requirements of a transparent trial. Advocate Zafar Khokhar argued that while trial may continue in cases of permanent exemption (with a pleader appointed), it cannot proceed on the date of a one-day exemption. He requested the court to refer to the relevant legal provisions. Advocate Raja Aleem Abbasi argued that trial proceedings cannot advance on the day exemption is granted. Advocate Hadi Ali Chatha added that the accused had informed the trial court about their illness.
When Justice Azam Khan asked whether the defence needed more time to prepare, Advocate Riyat Ali Azad requested the court to either stay the trial court proceedings or suspend the impugned order. Justice Azam Khan inquired when the charges were framed. The court was informed that the charges were re-framed on October 30, after seven adjournments.
Throughout the hearing, the lawyers repeatedly urged the court to stay the trial court proceedings. Justice Azam Khan stated that he would consider the matter and pass an appropriate order. Ultimately, the court declined to grant an immediate injunction to stay the trial court proceedings. The court overruled the Registrar’s objections, admitted the petition, issued notice to the NCCIA for a reply, and fixed the case for further hearing after two weeks.
