ISLAMABAD: Lawyer Imaan Mazari and her husband Advocate Hadi Ali Chattha have moved the Islamabad High Court (IHC) seeking the transfer of controversial tweets case to another court citing distrust in Judge Muhammad Afzal Majoka.
The plea argues that transparency requirements are not being met in the trial, therefore, the case should be transferred to another court.
The said case against the couple relates to a first information report (FIR), registered by the National Cybercrime Investigation Agency, accusing them of inciting divisions on linguistic grounds through social media posts.
The FIR, registered against the couple, invoked Sections 9, 10, 11, and 26 of the Prevention of Electronic Crimes Act (Peca), 2016.
During the hearing of the case at district and sessions court in Islamabad today, lawyer Mazari said: "Hand me seven years in prison, I am ready [for it]" — a remark which drew no response from Judge Majoka.
Mazari's husband, co-accused Chattha, requested the court to allow them to submit their statement and present witness in their defence under Section 342 of the Code of Criminal Procedure (CrPC), which pertains to the power to examine the suspect
The court, if it wants, can give notice to the witnesses who can also record his statement virtually, Chattha said.
"The statement under 342 is actually the statement of the accused," Advocate Chattha said while highlighting that the Section 342 response submitted before the court is that of the state counsel.
"We have expressed no confidence in state counsel Taimur Janjua," the lawyer noted.
To this, the prosecutor said that the accused did not raise the said issue during yesterday's hearing.
When contended by Chattha that the court should first decide on the petition related to Section 342, Judge Majoka said: "I will decide on your petition, you let the prosecution present arguments".
With the state counsel submitting his final arguments in writing, the judge then walked out of the room amid sloganeering by lawyers.
The case was adjourned till December 8, Monday.
