SC seeks replies on Imaan sentence plea

Observes that top court generally does not interfere even in interim orders passed by HCs

ISLAMABAD:

The Supreme Court on Monday issued notices to the federation and other respondents on a petition seeking suspension of the sentences awarded to lawyer Imaan Mazari and Barrister Hadi Ali Chattha, while observing that the Islamabad High Court (IHC) should hear and decide their pending application for sentence suspension.

A three-member bench headed by Justice Muhammad Ali Mazhar, and comprising Justice Mussarat Hilali and Justice Shahid Bilal Hassan, heard the matter.

During the hearing, counsel for Imaan Mazari, Faisal Siddiqi, submitted that the SC had earlier directed the IHC to decide the sentence suspension application within two weeks, but the order had not been complied with.

He said the IHC had initially fixed the matter for May 20 and later adjourned it to June 4. However, the cause list for June 4 was cancelled, and the case had not been fixed for hearing since then.

The counsel further stated that an application seeking an early hearing had also been filed before the IHC but was returned without being entertained.

"Our only request is that the high court fix the case and decide it, even if the decision goes against us. The matter should at least be heard," Siddiqi argued before the bench.

Justice Mazhar observed that the SC generally does not interfere even in interim orders passed by high courts, whereas in the present case, the IHC had not yet even issued notices to the prosecution.

Accepting the request made by the petitioners' counsel, the apex court issued notices to the additional attorney general and other respondents and adjourned the hearing until July 21.

The petition seeks suspension of the sentences awarded to Imaan Mazari and Barrister Hadi Ali Chattha while their appeal remains pending before the IHC.

Earlier, on May 12, a three-member SC bench headed by Justice Shahid Waheed directed the IHC to decide the applications "preferably within two weeks" while hearing petitions filed by the couple. The matter, however, remains pending before the apex court.

Despite the SC directions, the IHC has yet to decide the applications. The matter is now before a differently constituted SC bench.

It remains unclear whether the case was assigned to the new bench by the three-member committee constituted under the Supreme Court (Practice and Procedure) Act.

The IHC last heard the matter on June 1, when the prosecution sought time to prepare its arguments. The hearing was adjourned until June 4. However, the cause list for June 4 was cancelled on June 2, and the case has not been relisted since then.

Subsequently, Faisal Siddiqi, counsel for Imaan Mazari and Hadi Ali Chattha, approached the SC seeking an early hearing of the matter.

Legal observers say the bench may adopt one of three courses: refer the matter back to the IHC with directions for its early disposal, withdraw the apex court's May 12 order, or decide the sentence suspension applications itself.

The National Cyber Crime Investigation Agency (NCCIA) also challenged the SC's earlier order directing the IHC to decide the couple's suspension applications within a specified timeframe.