By Staff Reporter
ISLAMABAD: A court-appointed defence lawyer for a prominent rights activist and her husband, who face charges of inciting linguistic divisions and portraying the armed forces as engaged in terrorism through social media posts, refused on Tuesday to cross-examine prosecution witnesses, asserting that he could not pose questions that had been dictated to him.
The lawyer, Advocate Shakeel Jatt, told the court that he had been approached only the previous afternoon to take on the case and had not been given sufficient time or access to the case file to prepare adequately. The proceedings, before Additional District and Sessions Judge Mohammed Afzal Majoka in Islamabad, highlighted ongoing tensions in a politically charged case brought by the National Cybercrime Investigation Agency.
Jatt described being contacted around 4 pm on Monday to represent Imaan Zainab Mazari-Hazir, a lawyer and rights activist, and her husband, Advocate Hadi Ali Chattha. The lawyer said he had received no case materials in advance and was instead handed a list of 15 specific questions with orders to ask them during the cross-examination.
Addressing Judge Majoka, Jatt recounted being instructed, “You have to do this tomorrow.” He emphasised that he could not proceed under such constraints. “I am in favour of a fair trial. I cannot ask questions that are dictated [to me]. My conscience does not allow this,” Jatt said, adding that the Constitution guarantees every accused person the right to a fair and impartial trial.
He requested additional time to review the file, arguing that without it, he could not meet his professional obligations. Judge Majoka granted the request and adjourned the hearing until Thursday, Nov. 27.
The case stems from social media posts attributed to Mazari-Hazir and Chattha, which authorities claim sought to foment divisions along linguistic lines and suggested that the country’s armed forces were involved in terrorist activities within Pakistan. Mazari-Hazir had earlier contended that the court had “forcibly appointed [a] state defence counsel” for her and her husband, raising questions about the independence of the legal representation.
The couple was indicted on Oct. 30, following Chattha’s arrest the previous day outside the courtroom on charges of failing to appear. Mazari-Hazir has insisted there is video evidence showing his presence both inside and outside the courtroom at the time. After his release, Chattha told reporters that he had arrived in court five minutes early for the Oct. 29 proceedings, only to have the judge issue an arrest warrant “to his face.”
The developments come amid broader scrutiny of how cybercrime laws are applied in Pakistan, particularly in cases involving activists and critics of the government or military. Mazari-Hazir, known for her advocacy on human rights issues, has been a vocal figure in such debates. Neither the prosecution nor the National Cybercrime Investigation Agency offered immediate comment on Tuesday’s proceedings. The case is expected to resume with cross-examination later this week, though it remains unclear whether Jatt will continue in his role or seek to withdraw.
Copyright © 2021 Independent Pakistan | All rights reserved
