Controversial tweet case: SC stays trial against Imaan Mazari, Hadi Ali

ISLAMABAD: The Supreme Court on Thursday stayed the trial against human rights activist and lawyer Imaan Mazari and her husband Hadi Ali in the controversial tweet case.

A three-member SC bench headed by Justice Hashim Kakar and comprising Salahuddin Panhwar and Justice Ishtiaq Ibrahim heard the couple’s petition seeking suspension of the trial in the lower court.

The Supreme Court directed that the trial in the lower court will remain suspended until the Islamabad High Court (IHC) decides the matter, adding that the IHC should hear all parties and issue a ruling.

The order noted that the IHC is expected to give both sides a full opportunity to present their arguments and announce a decision without delay.

During the hearing, when Justice Hashim Kakar said, “We are dictating an order; you have no objection?” Additional Attorney General Rana Asad replied: “My objection was to the maintainability of the petition, but it is fine.”

Advocate Faisal Siddiqi representing the couple said that he was grateful to the Additional Attorney General, adding, “In this city, it is only you we can turn to.”

Justice Kakar responded, “Now you’ve started making political comments,” prompting laughter in the courtroom. He said, “This time you didn’t recite a verse.”

Siddiqi replied, “I can recite one now,” and then recited:

“Hum aah bhi karte hain to ho jaate hain badnaam,” Woh qatl bhi karte hain to badnaam nahi hotay.”

Justice Kakar remarked that Siddiqi had recited the same verse on an earlier occasion, drawing more laughter.

Siddiqi argued that his clients had been charged under the PECA Act and that cross-examination of four witnesses had been conducted in the absence of the accused.

Justice Ishtiaq Ibrahim asked him to show the order sheet proving the cross-examination took place in their absence. Siddiqi responded that they had protested inside the courtroom.

Justice Salahuddin Panhwar told Mazari’s counsel, “So you are saying you were present in court but left in protest.” Siddiqi confirmed this.

Justice Kakar noted that while legal teams have their own strategies, no one should be convicted without a fair trial.

He said judges must remain free of pressure and provide both sides a full opportunity to present their case. He added that since both accused were lawyers, they could cross-examine witnesses themselves.

Justice Kakar also remarked that neither the trial court nor the high court should be disrespected.

He warned that if the trial court issues a verdict, any revision filed in the High Court may become ineffective.

Additional Attorney General Rana Asad reiterated his objection regarding maintainability.

Addressing him, Justice Kakar said, “Executing Imaan Mazari will give you nothing, nor will the sky fall. The Constitution guarantees a fair trial.”

The court issued the order with the mutual consent of both parties.

Norway’s ambassador was also present in the courtroom during the proceedings.