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Trial of prominent human rights lawyers tests constitutional freedom of expression guarantees

Event Summary

The trial of prominent human rights lawyer Imaan Mazari and her husband Hadi Ali Chattha, both charged under the Prevention of Electronic Crimes Act (PECA) has become a landmark legal and human rights event in Pakistan, raising serious questions about freedom of expression, due process, and the use of cybercrime legislation against dissenting voices. The case gained national attention as an example of politically motivated charges filed against lawyers, prosecuted for expression critical political opinions, and has most recently prompted the intervention of the Supreme Court.

The charges filed relate to social media posts on X (formerly Twitter), in which Imaan Mazari criticised the role of state institutions, particularly security agencies, in political engineering, enforced disappearances, and the shrinking of democratic space in Pakistan. Her tweets were part of a broader political commentary following arrests of political workers and activists and questioned the legitimacy of excessive state control over civilian and democratic processes. Authorities alleged that these tweets were “anti-state,” incited hatred, and undermined national institutions. Mazari, however, has consistently maintained that her posts constituted protected political speech, grounded in constitutional rights and international human rights standards. Her husband, Hadi Ali Chattha was implicated on the basis of association, including reposts and public support for similar critical discourse.

The legal proceedings have been marred by serious due-process concerns, including complaints about recording of witness statements in the absence of the accused, issuance of non-bailable arrest warrants, and the arrest of Hadi Ali Chattha within court premises. These developments led the defence to seek intervention from the Islamabad High Court, arguing that the trial was proceeding in a prejudicial manner and that the accused were being denied a fair opportunity to defend themselves. Given the gravity of the procedural irregularities, the Supreme Court of Pakistan decided on 11 December 2025 to stay the trial proceedings until the Islamabad High Court decides on the pending petitions. The Supreme Court’s intervention underscored the constitutional importance of safeguarding the right to a fair trial and preventing misuse of cybercrime laws to suppress political dissent while higher judicial review is underway.

Overall, the Imaan Mazari and Hadi Ali Chattha case has come to symbolise a broader and deeply concerning trend in Pakistan, the criminalisation of criticism through cyber laws and the growing risks faced by lawyers, journalists, and human rights defenders who speak against powerful institutions. While the case already has a chilling effect on Pakistan’s enabling environment, civil society organisations, legal bodies, and international human-rights groups also view it as a critical test of judicial independence, democratic freedoms, and the state’s commitment to upholding constitutional protections for free expression. If such prosecutions continue or result in convictions, they risk setting a precedent that emboldens law-enforcement agencies to routinely invoke PECA against critics, thereby further shrinking civic and digital space.

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