ISLAMABAD (MNN); The National Cyber Crime Investigation Agency (NCCIA) on Monday moved the Supreme Court seeking withdrawal of its May 12 order directing the Islamabad High Court to decide within two weeks the sentence suspension pleas of lawyers Imaan Zainab Mazari-Hazir and Hadi Ali Chattha in the controversial social media posts case.
The agency argued that the Supreme Courtâs directive risked undermining judicial independence and could create the impression of preferential treatment for the lawyer couple because of their membership of the legal fraternity.
Despite the Supreme Courtâs deadline having expired on May 26, the Islamabad High Court once again adjourned the hearing on Monday after members of the prosecution team were unavailable to appear before the court.
The NCCIA told the apex court that no extraordinary circumstances existed that justified Supreme Court intervention in a matter already pending before the high court. It maintained that the issuance of notices by the IHC did not amount to a final order that could be challenged before the Supreme Court under Article 185(3) of the Constitution.
The agency also argued that superior courts generally avoid interference in pending proceedings at the initial stage unless there is grave illegality or an urgent need to ensure justice.
During Mondayâs hearing, Justice Muhammad Azam Khan noted that he had specifically attended court despite a mediation training commitment to hear the petitions. He questioned the prosecution over its absence and reminded all parties of the Supreme Courtâs directions.
Following arguments from both sides, the court adjourned proceedings until Thursday, June 4.
Imaan Mazari and Hadi Chattha have remained in jail since their arrest in January. The couple was sentenced to 17 years imprisonment in January under multiple provisions of the Prevention of Electronic Crimes Act in connection with alleged controversial social media posts.
They challenged their conviction before the Islamabad High Court in February, while the Supreme Court on May 12 directed the IHC to decide their sentence suspension pleas within two weeks.
