DAWN.COM

Today's Paper | March 17, 2026

Updated 21 Jan, 2026 07:20pm

IHC grants pre-arrest bail to Imaan, Hadi in case dating back to July

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday granted activist and lawyer Imaan Zainab Mazari-Hazir and her husband Hadi Ali Chattha pre-arrest bail in a case pertaining to a protest by the Baloch Yakjehti Committee (BYC) that dates back to July 2025 and resurfaced a day earlier.

The two had filed pre-arrest bail applications in the case. However, their bail pleas could not be taken up on an urgent basis on Tuesday while the couple struggled to avoid arrest.

The couple took refuge in the IHCBA president’s office, where they spent the whole night, while a large number of police officials remained outside the premises.

During the hearing on Wednesday, Justice Muhammad Azam Khan of the IHC took up the pre-arrest application and approved Mazari and Chattha’s bail against surety bonds of Rs10,000 each.

Advocate Kamran Murtaza appeared on behalf of the petitioners, and a large number of lawyers and officials from the IHCBA were present in the courtroom in solidarity with the applicants.

Addressing the court, Murtaza said that this was the first time in the country’s judicial history that a woman had to spend the night on court premises, adding that he personally felt responsible for what happened.

“If there had been an old case, they would have arrested her first,” he said, adding that the petitioners had been appearing in various cases since July.

“You are the custodian of the high court. You must ensure that no one is taken away from here,” the defence counsel pleaded with the judge.

“We are not enemies of the country. As much as you have the right, I also have the right to be in this building,” advocate Murtaza said.

He requested that the court grant protective bail and sought directions that no arrest should be made in any other case unless it has been formally placed on record.

In response to his request, Justice Khan observed, “I am passing orders only to the extent of the FIR that is before me.”

Subsequently, Justice Khan granted protective bail to Mazari and Chattha and restrained police from arresting them in the case.

Social media posts case

July’s first information report (FIR) surfaced a day after the IHC granted Mazari and Chattha one-day protective bail in a case pertaining to controversial social media posts.

The two have been accused of inciting divisions on linguistic grounds through social media posts and creating the impression that the armed forces were engaged in terrorism within the country. It has been registered with the National Cyber Crime Investigation Agency (NCCIA).

The case is being heard by a trial court in Islamabad, which had issued arrest warrants for the two last week. Subsequently, Mazari and Chattha approached the IHC, challenging the trial court’s January 15 arrest orders.

Yesterday, the IHC declared the trial court’s order against them null and void and directed that they be granted four days to cross-examine the prosecution witnesses.

The IHC categorically clarified that Mazari and Chattha should not be arrested in the case. But, it also stated that if they failed to appear before the trial court, the protection granted under the order would stand automatically terminated.

The trial court was further directed that in case of their non-appearance, proceedings may continue in accordance with the law.

An Islamabad district and sessions court resumed hearing in the case today, in which the two have been accused of inciting divisions on linguistic grounds through social media posts and creating the impression that the armed forces were engaged in terrorism within the country.

At the hearing, Additional District and Sessions Judge Muhammad Afzal Majoka expressed displeasure over the continued absence of the accused from the hearings and warned that their right to cross-examination would be terminated if the process was not completed within the court-mandated time.

When the proceedings commenced, an assistant counsel representing Mazari and Chattah informed Judge Majoka that the IHC was simultaneously hearing their bail pleas and that they would appear before the trial court after proceedings at the high court.

Upon receiving this information, the court adjourned the hearing until 1:30pm.

When the hearing resumed, the court directed the prosecution to read out the IHC’s order.

Judge Majoka observed that the IHC’s order had been received at 3:28pm on January 20 while the prosecution argued that the high court had upheld the trial court’s order to the extent of the cancellation of Mazari and Chattha’s bail and the issuance of arrest warrants for the accused.

The judge observed that the case’s trial had to be completed within four days, in line with the IHC’s directives.

Subsequently, the hearing was again adjourned until 2:30pm.

However, Mazari and Chattha were still not present when the proceedings resumed, which prompted stern remarks from Judge Majoka.

“Despite being granted two-day protective bail, the suspects failed to attend the proceedings, which appears to be a deliberate act intended to delay the trial,” he said.

Judge Majoka noted that the high court had directed the trial court to complete the cross-examination within four days, and that the order was received on January 20.

Accordingly, the accused had been directed to complete the cross-examination of prosecution witnesses by 3:30pm on January 24, the judge observed, issuing the directives that the accused must complete the cross-examination by the court-mandated time.

He warned that no further time would be granted “if the court’s time is wasted”.

“If the cross-examination is not completed by 3:30 pm on January 24, the right to cross-examine will stand terminated,” the court stated and adjourned the hearing till Thursday (tomorrow).

‘Legal harassment’

The Human Rights Commission of Pakistan (HRCP), meanwhile, expressed serious concern over what it called the “continued harassment” of Mazari and Chattha.

In a statement posted on X, the HRCP noted that the two “now face yet another allegedly fabricated first information report that was filed immediately after the Islamabad High Court reinstated their bail in a previous case on charges under the Pakistan Electronic Crimes Act (Peca), 2016” — a reference to the July 2025 case.

“While they have been granted protective bail in this case as well, such a pattern of serial litigation appears designed to punish and intimidate individuals through legal harassment rather than to uphold due process.

“We call on the authorities to immediately halt the misuse of the Peca laws, respect the orders of the superior judiciary and ensure that all citizens’ fundamental rights to liberty, fair trial and freedom of expression are fully protected,” the statement said.

Read Comments

ICC reprimands Salman Ali Agha for breaching code of conduct in Bangladesh ODI Next Story