Pakistan Supreme Court Suspends Controversial Cybercrime Sentences and Grants Bail to Lawyers

The Supreme Court granted bail against surety bonds of Rs200,000 each, although another report put the amount at Rs100,000 per person.
Justice Naeem Akhtar Afghan told the couple’s lawyer that, because Mazari and Chattha are lawyers, the court was mindful of their dignity but expected them to observe courtroom decorum, remarking: “There is a difference between a lawyer and an ordinary person.”
The case was initially listed before a three-member bench headed by Justice Shahid Waheed, but the court said a fire in the Supreme Court’s IT section had caused a technical listing error; it was later reassigned to a two-member bench headed by Justice Afghan and including Justice Ishtiaq Ibrahim.
Defense counsel Faisal Siddiqui told the Supreme Court that it had already directed the Islamabad High Court on May 12 to decide the sentence-suspension petition as expeditiously as possible, preferably within two weeks, but the high court had not complied.
The couple had also been jailed in a separate case after their January 23 arrests over alleged protesting outside the Islamabad High Court and allegedly manhandling the Islamabad High Court Bar Association president, meaning their detention preceded the social-media convictions.
Pakistan's Supreme Court suspended the 17-year prison sentences of human rights lawyer Imaan Mazari and her husband, Hadi Ali Chattha, on September 17, ordering their release on bail while the Islamabad High Court reviews their appeals. India Today reported the pair had been convicted under cybercrime laws over social media posts criticizing alleged human rights abuses. However, Mirage News noted the couple was rearrested the same night at Adiala Jail before paperwork could be completed, despite the Supreme Court's bail order.
Justice Naeem Akhtar Afghan, heading the Supreme Court bench, expressed frustration that the Islamabad High Court had ignored a May 12 directive to rule on the suspension plea within two weeks. The Justice told the couple's lawyer: "There is a difference between a lawyer and an ordinary person," signaling the court's concern for their professional standing. Pakistan Times reported the Supreme Court granted bail against surety bonds, though reports conflicted on whether the amount was Rs 200,000 or Rs 100,000 per person.
Imaan Mazari and Hadi Ali Chattha were arrested on January 23, 2026, while traveling to court in an Islamabad High Court Bar Association vehicle. Within hours, an Islamabad District Court sentenced them under the Prevention of Electronic Crimes Act (PECA) to a combined 17 years in prison and Rs 36 million in fines each. Human Rights Watch explained the charges stemmed from social media posts highlighting enforced disappearances and military operations in Balochistan and Khyber Pakhtunkhwa — claims the prosecutors labeled anti-state cyber-terrorism.
The rapid prosecution raised alarms among legal experts. The Hawk reported that Amnesty International criticized Pakistan for using cybercrime laws to silence human rights defenders. The couple maintained their posts were protected political speech exposing state abuses, not anti-government propaganda.
The Islamabad High Court repeatedly delayed ruling on the couple's appeal despite a May 12 Supreme Court directive to act within two weeks. Defense counsel Faisal Siddiqui told the Supreme Court bench that the high court had not complied. Justice Afghan's frustration was evident: he questioned how such delays served justice and ordered the couple's immediate release on bail pending the high court's final decision on their convictions.
A technical listing error had initially assigned the case to a different bench. The Supreme Court's IT section experienced a fire that caused the error, Pakistan Times reported. The case was reassigned to Justice Afghan's two-member bench, which moved swiftly to suspend the sentences and grant bail the same day.
Victory turned to shock when Islamabad Police rearrested the couple around 9:30 PM on September 17 inside Adiala Jail, before their release paperwork was complete. Mirage News and The Hawk both reported the rearrest occurred under a separate March 2025 case tied to alleged protests outside the Islamabad High Court. The Anti-Terrorism Court rejected police demands for a 30-day physical remand, ordering them held on judicial remand instead.
Shireen Mazari, Imaan's mother and a former human rights minister, condemned the move. "It's always been about vengeance, never about justice," she stated. Human Rights Watch and international legal groups labeled the rearrest a circumvention of the Supreme Court's authority and proof the charges were politically motivated rather than based on genuine criminal conduct.
The couple remains detained at Adiala Jail under judicial remand in the secondary case while the Islamabad High Court must still decide their PECA conviction appeal. Legal experts say the rearrest demonstrates how Pakistan's executive can use secondary charges to bypass Supreme Court relief — a tactic that undermines rule of law. Advocate Rida Hosain told observers: "This should be frightening for anyone who believes in the rule of law."
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