Mazari's plea to call DG ISPR hits judicial wall

Judge Majoka says prosecution can't be forced to produce any witness

District and Sessions Judge Muhammad Afzal Majoka on Wednesday ruled that "the prosecution cannot be forced to produce any witness" while hearing lawyer Imaan Mazari's application seeking to summon DG ISPR Lt Gen Ahmed Sharif Chaudhry as a witness in the controversial tweets case against her and her husband Hadi Ali Chattha.

The court issued a notice to the prosecution regarding Mazari's application in the Federal Investigation Agency's (FIA's) case against her and Chattha. The application alleges that remarks made by the military spokesperson during a press conference amounted to an attempt to influence judicial proceedings and prejudiced the ongoing controversial tweets case.

Mazari filed the application alleging that Lt Gen Chaudhry labelled her a "lawyer for traitors" and a "foreign agent" during a press briefing. She contends that the statements, made while her case is sub judice, violate her constitutional right to a fair trial under Article 10-A and interfere with judicial proceedings.

The court formally took cognisance of the petition and provided a copy to the prosecution team for response. Judge Majoka noted that he had not personally viewed the press conference and directed the prosecution to submit its response before any decision is made regarding the summoning of the DG ISPR.

Read: 'Conducive environment' behind K-P terror surge, says DG ISPR

During Wednesday's hearing, the cross-examination of prosecution witness Shehroz Riaz, an official of the National Cyber Crime Investigation Agency (NCCIA), also proceeded. The defence questioned Riaz about his credentials, salary details, and the evidence collected in the case.

When Mazari requested that "ISI people" be removed from the courtroom, Judge Majoka asked her to point out who these individuals were.

The witness admitted during cross-examination that he properly searched for Mazari and Mahrang Baloch on Twitter, and that the screenshots in the case consisted of 11 pages. He also stated he did not know the difference between the Baloch Yakjehti Committee (BYC) and the banned Balochistan Liberation Army (BLA).

In a previous hearing on January 5, the cross-examination of key prosecution witness Aneesur Rehman concluded as the court screened political speeches and video statements. Several videos were screened, including footage of a speech by Punjab Chief Minister Maryam Nawaz, in which slogans such as "uniform is behind terrorism" and "Bajwa is a thief" could be heard.

When asked whether such slogans amounted to opposing the state, Rehman said he would comment only after reviewing the video in an official capacity. A video statement by former DG ISPR Asif Ghafoor regarding missing persons was also played, but Rehman refused to comment on it.

During that cross-examination, the witness admitted he was unaware whether enforced disappearances were a serious issue in Pakistan, whether a commission on missing persons existed, or what the state policy on the matter was.

Read More: SC orders stay of trial in Imaan Mazari's tweets case until IHC decision

Mazari and Chattha are facing trial under the Prevention of Electronic Crimes Act (PECA) on allegations that their social media posts attempted to incite divisions on linguistic grounds and portrayed the armed forces as being involved in terrorism.

The FIR, registered by the NCCIA, alleges that the couple held security forces responsible for cases of enforced disappearances in Khyber-Pakhtunkhwa and Balochistan, and promoted narratives aligned with proscribed organisations, including the BLA and Tehreek-i-Taliban Pakistan (TTP).

The couple has denied the charges and maintains that the case is politically motivated. They were indicted in October 2024 and have also filed petitions seeking transfer of the case and a distrust petition against presiding judge, Majoka.