The National Cyber Crime Investigation Agency (NCCIA) has petitioned the Supreme Court to retract its May 12 order, which instructed the Islamabad High Court (IHC) to rule on the suspension of sentences for lawyer and rights activist Imaan Mazari and her husband, Hadi Ali Chattha. The couple was sentenced in January to 17 years in prison each under various sections of the Prevention of Electronic Crimes Act (PECA), following their arrest in a separate case.
In early February, Imaan and Hadi challenged their sentences by filing appeals with the IHC. Last month, the Supreme Court directed the IHC to decide on their pleas for suspension of sentences by May 26. This directive came from a three-member bench led by Justice Shahid Waheed, alongside Justices Naeem Akhtar Afghan and Shafi Siddiqui, while hearing the couple’s request.
In a significant development, the NCCIA filed a plea urging the Supreme Court to withdraw its May 12 order, arguing that the apex court should not intervene in matters already pending before a high court. The agency emphasized that jurisdiction over suspension of sentence applications lies with the relevant high court, which must hear all parties and make decisions based on legal principles.
The agency further contended that the Supreme Court’s directive to the IHC contradicted the established principle that ongoing proceedings must be resolved by the concerned high court without external interference. NCCIA requested the apex court to revoke its order to ensure equal treatment for all parties, stressing that the accused are not entitled to any special privileges and that judicial parity must be upheld.
Additionally, the NCCIA maintained that a party cannot approach the Supreme Court directly against a high court’s decision to issue notices to the opposing side for hearings. It asked the Supreme Court to recall the May 12, 2026 order so the matter could proceed before the appropriate high court strictly the law.
Meanwhile, during separate proceedings, the Islamabad High Court postponed hearing the suspension pleas filed by Imaan and Hadi after the special prosecution team failed to appear. Justice Muhammad Azam Khan presided over the hearing and was informed that although three members had been appointed to the prosecution team, none were present in court.
The prosecutor explained that one member was traveling from Lahore and another was engaged in proceedings before Court No. 1, preventing the team from presenting arguments. Justice Khan noted that he had missed his mediation training session to attend the hearing and asked the prosecutor if he was aware of the Supreme Court’s order in the case.
State Counsel Ali Azad stated that the time granted under the apex court’s directive had expired. It was also noted that the petitions were filed pursuant to the Supreme Court’s instructions. The couple’s lawyer, Faisal Siddiqi, proposed that the case be taken up once the prosecution team was free from other obligations.
The prosecutor requested that the matter be rescheduled for either Thursday or the following Monday. Justice Khan inquired if Siddiqi would be available on Thursday before setting the date. The case was then fixed for Thursday, June 4, with proceedings adjourned accordingly.
Siddiqi urged the court to instruct the prosecution to avoid further delays, citing repeated adjournments. The judge responded that issuing such directions repeatedly was inappropriate and reminded that all parties are bound by the Supreme Court’s order.
