By Staff Reporter
ISLAMABAD: A prominent rights activist and her lawyer husband, facing charges of inciting linguistic divisions and portraying the armed forces as engaged in terrorism through social media posts, protested in court on Thursday over the abrupt replacement of their state-appointed defence counsel, raising questions about the fairness of their trial and the whereabouts of the previous lawyer.
Imaan Zainab Mazari-Hazir, a lawyer and activist, and her husband, Advocate Hadi Ali Chattha, appeared before Judge Afzal Majoka in the Islamabad district and sessions court, where they objected to the disappearance of Advocate Shakeel Jatt, who had been appointed to represent them just two days earlier. In his place stood Advocate Taimur Janjua, whose appointment caught even the judge off guard. Judge Majoka, presiding over the proceedings, said the court had not yet received notification of the change.
A three-member prosecution team assured him that the relevant document would be submitted. Mazari, speaking directly in court, questioned the process behind the new appointment and expressed concern over what she called the “disappearance” of Jatt. She noted that neither she nor Chattha had voiced any lack of confidence in him and asked the court to record their statements on the matter.
She also cast doubt on an application purportedly submitted by Jatt seeking his removal as their counsel. Moreover, she asked why the court had not addressed disclosures Jatt made during Tuesday’s hearing. Chattha, after reviewing a copy of Jatt’s application provided by the court, requested that the judge summon the lawyer. He argued that the defence had “not rejected” Jatt.
The prosecution objected to the request, contending that “while a sessions judge is the appropriate authority to summon a state-appointed counsel, the court hearing the case is not the relevant forum for such an action.” The hearing was suspended briefly to allow Mazari and Chattha time to consult with Janjua.
Judge Majoka granted the request, and the proceedings were later adjourned until Saturday. Earlier in the day, the court had twice postponed the start of the hearing, first until 10 am and then until 11 am, as it awaited the appearance of the accused and clarification on the counsel appointment.
An order from the office of the Islamabad West district and sessions judge stated: “Consequent upon the request made by Mr Muhammad Afzal Majoka, additional sessions judge Islamabad west, for the appointment of a defence counsel at state expenses, for Hadi Ali Chattha and Imaan Zainab Mazari accused […] Muhammad Taimoor Janjua is appointed as the defence counsel on state expenses.”
After resuming following the couple’s meeting with Janjua, Mazari and Chattha issued a joint statement in court, claiming that the new counsel was not following their instructions and that they did not trust him. Janjua denied the accusation, saying he had not compelled them to follow any directions and that he acted only under the court’s instructions.
During the hearing, Chattha also filed an application seeking acquittal, urging the court to hear his arguments before proceeding with cross-examination of witnesses. In his presentation, Chattha argued that the first information report, or FIR, registered with the National Cybercrime Investigation Agency was based on a “flawed source report.” He alleged that the report did not comply with legal requirements and that screenshots submitted as evidence by the prosecution had been taken from different devices and combined into a single image. No mobile device had been seized, and no verification had been obtained from the Pakistan Telecommunication Authority, he said. He further noted that the FIR was registered 22 days after the timestamps visible in the screenshots.
Chattha read aloud the statement of the complainant, Shehroz Riaz, and contended that the entire case rested on “just two Twitter accounts and a single report.” He claimed that the agency’s procedures for registering the FIR had not been followed and pressed the court to grant the acquittal.
The case stems from accusations that the couple attempted to incite divisions on linguistic grounds through social media posts and created the impression that the armed forces were engaged in terrorism within the country. The two were indicted on Oct. 30, one day after Chattha was arrested outside the courtroom for alleged nonappearance. Mazari has said there is video evidence showing his presence both “inside and outside the courtroom.”
Speaking to reporters after his release, Chattha maintained that he had arrived in court five minutes ahead of time on Oct. 29, but the judge had issued an arrest warrant “to his face.” Before Tuesday’s hearing, Mazari had alleged that the court had “forcibly appointed [a] state defence counsel” for her and Chattha.
On Tuesday, Jatt, appearing for the first time as their counsel, had refused to cross-examine prosecution witnesses. “I am in favour of a fair trial. I cannot ask questions that are dictated [to me]. My conscience does not allow this,” he said. He alleged, without providing specifics, that he had “received 15 questions with the instructions that he should ask them during the cross-examination.”
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