In a significant legal development, a district and sessions court in Islamabad has revoked the pre-arrest bail previously granted to human rights lawyer Imaan Mazari and her husband, Haider Hashmi. The decision, delivered by Additional Sessions Judge Tahir Abbas Supra, pertains to a case registered under the Prevention of Electronic Crimes Act (PECA).
Court Rejects Bail Pleas, Orders Arrest Proceedings
The court heard arguments from both the defense and the prosecution before arriving at its verdict. The judge ruled against the accused, cancelling their interim bail. This legal action paves the way for potential arrest, as the court has now directed the relevant authorities to initiate proceedings against Imaan Mazari and Haider Hashmi under the applicable sections of the law.
The case against the couple was registered at the Ramna police station under sections 10A and 20 of the PECA law. These sections typically deal with offences related to electronic fraud and malicious code, as well as offences against the dignity of a person. The First Information Report (FIR) was lodged based on a complaint, leading to the subsequent legal battle over pre-arrest bail.
Legal Arguments and Judicial Scrutiny
During the proceedings, the defense counsel for Imaan Mazari and Haider Hashmi presented their case, seeking the confirmation of their interim bail. However, the prosecution presented counter-arguments, urging the court to cancel the bail. After a thorough review of the arguments and the case's merits, Judge Tahir Abbas Supra concluded that the grounds for granting pre-arrest bail were not sufficiently made out.
The judge's order emphasized that the interim bail previously granted to the accused persons stands cancelled with immediate effect. This decision underscores the court's view on the seriousness of the allegations and the legal requirements for securing pre-arrest relief in such matters.
Implications and Next Steps
The cancellation of bail marks a critical turn in this high-profile case. With the protective shield of pre-arrest bail removed, Imaan Mazari and Haider Hashmi are now directly exposed to the standard legal process. The court's instructions to the police imply that the investigation will move forward, potentially involving custodial questioning or arrest.
This case has drawn considerable public attention due to Imaan Mazari's profile as a prominent lawyer and activist. The application of the PECA law, which has been a subject of debate regarding its scope and use, adds another layer of significance to the court's ruling. Legal observers will be closely monitoring the subsequent steps taken by the investigating authorities and any further petitions that may be filed by the defense in higher courts.
The outcome sets a precedent for how courts interpret bail provisions in cases involving digital crimes and allegations made under the PECA framework. For now, the legal focus shifts to the implementation of the court's order and the continuation of the judicial process against the accused individuals.
