Pakistan’s Supreme Court on Wednesday disposed of appeals filed by human rights lawyers Imaan Mazari and her husband, Hadi Ali Chattha, challenging proceedings in a security barriers removal case, declaring the matter infructuous after the trial had already concluded.
A three-member bench headed by Justice Muhammad Ali Mazhar heard the appeals and observed that the matter was now pending before the Islamabad High Court (IHC). The apex court left it to the high court to determine whether the petitions before it were maintainable.
The decision does not overturn the convictions or sentences handed down by the trial court.
Supreme Court Says Appeals Have Become Infructuous
During the hearing, Advocate Faisal Siddiqui informed the bench that the anti-terrorism court (ATC) had completed the trial inside Adiala Jail within 22 days.
He argued that the defence had approached the Supreme Court because its applications challenging the trial proceedings had not been heard by the IHC in time.
The lawyer also raised concerns about the pace of the proceedings, saying the trial court had framed charges and recorded prosecution evidence without fulfilling the necessary legal requirements.
Justice Muhammad Ali Mazhar observed that the Supreme Court proceedings had become infructuous because the trial was already complete. He added that the IHC would decide whether the petitions pending before it could legally proceed.
Responding to the lawyer’s complaint about delays in fixing hearings, the judge said it was not the Supreme Court’s responsibility to decide which cases should be scheduled for hearing.
The bench subsequently disposed of the appeals.
Imaan Mazari and Hadi Chattha Challenge 10-Year Sentences
The development follows the October 29 decision of an anti-terrorism court, which sentenced both lawyers to 10 years in prison each in the case involving the removal of security barriers during the visit of England’s cricket team to Islamabad in October 2024.
The court also imposed separate sentences under the Pakistan Penal Code (PPC). Both were sentenced to one year in prison under Section 186 for obstructing a public servant and two years under Section 353 for using criminal force against a public servant.
ATC Orders Prison Meetings for Imaan Mazari and Hadi Chattha
They also received 10-year sentences under Section 7(h) of the Anti-Terrorism Act, 1997. The court ordered that all sentences run concurrently and imposed financial penalties under the relevant provisions.
The couple has challenged the convictions before the Islamabad High Court, filing appeals and separate applications seeking suspension of their sentences and release on bail while the appeals are decided.
Defence Raises Concerns Over Trial Proceedings
The lawyers’ appeals argue that the trial was conducted in violation of fair-trial requirements.
Their counsel has questioned the framing of charges, the recording of prosecution witnesses’ statements and the decision to conduct the proceedings inside Adiala Jail. They have also alleged that they were not provided adequate access to relevant documents and that state-appointed counsel was imposed against their wishes.
The defence further argued that the trial proceeded despite pending applications before the high court challenging its legality and seeking a halt to the proceedings.
These are claims made by the defence and remain subject to judicial consideration.
What Happens Next?
The Supreme Court’s decision leaves the next stage of the legal challenge to the Islamabad High Court, which will determine whether the petitions before it are maintainable.
The couple’s appeals against their convictions and applications for suspension of sentences remain separate matters requiring consideration by the relevant court.
The Supreme Court’s order on Wednesday therefore does not amount to an acquittal, nor does it set aside the 10-year prison sentences imposed by the ATC.
Source: The Express Tribune, Dawn
