When Dissent Becomes Terrorism

Imaan Mazari’s 17-year sentence raises concerns over free speech, proportionality, and the expanding reach of anti-terror and cybercrime laws

When Dissent Becomes Terrorism

The court verdict sentencing lawyer Imaan Mazari and her husband to 17 years in prison has ignited serious legal and constitutional questions that demand careful examination. The length of the sentence alone is startling. But the deeper concern lies in the reasoning behind it: the transformation of political speech into terrorism.

Mazari was convicted over remarks in which she described Pakistan as a “terrorist state,” alleged the existence of “state-run torture cells,” and blamed state institutions for enforced disappearances. The court ruled that her statements “aligned with the agenda” of banned militant organisations such as the Balochistan Liberation Army and Tehrik-i-Taliban Pakistan. On that basis, her speech was deemed cyber-terrorism.

This interpretation stretches the boundary between dissent and criminality in ways that cannot be ignored. If speech that undermines confidence in state institutions—or echoes a narrative also advanced by proscribed groups—can constitute terrorism, then the line separating criticism from crime becomes alarmingly elastic.

The essential question is not whether Mazari’s remarks were harsh, provocative, or deeply controversial. They were. The question is whether the law is being applied consistently, proportionately, and within clearly defined limits.

Consider an episode from within the political establishment itself. On 24 December 2025, former Senator Mushtaq Ahmed responded to the recovery of forcibly disappeared professor Shafeeq Zahri by stating plainly that security agencies were responsible and that “enforced disappearances are equivalent to state and governmental terrorism.” The substance of this allegation mirrors the accusation for which Mazari was convicted.

Yet the senator’s remarks were treated as political commentary, not prosecuted as a criminal offence.

Another revealing example comes from 17 March 2025, when Maulana Fazlur Rehman described the government as a “puppet” regime offering “scapegoats to the US,” referring to the extradition of alleged ISIS-K leader Sanaullah Ghafari. He suggested that terrorism cases could be manipulated for foreign patronage and political survival.

Such rhetoric—that the state fabricates or instrumentalises terrorism charges—mirrors narratives frequently advanced by insurgent and militant groups. If the legal threshold for terrorism includes speech that “aligns” with such narratives, then the boundaries of criminal liability become exceedingly broad.

The issue is not whether such political actors should be prosecuted. It is whether the interpretive standard applied in Mazari’s case can be confined with principled clarity. If the “alignment” test is elastic enough to capture dissenting speech, then nearly every severe political accusation risks falling within its reach.

More recently, the legal net has widened. In November 2025, the National Cyber Crime Investigation Agency registered a case against Khyber Pakhtunkhwa Chief Minister Sohail Afridi for allegedly making misleading and derogatory statements against state institutions in a video disseminated through social media. The FIR invoked provisions of the Prevention of Electronic Crimes Act, asserting that his remarks were intended to undermine public trust and destabilise national security. In January 2026, an Islamabad court issued non-bailable arrest warrants after he failed to appear.

When political speech attracts punishment that rivals penalties imposed for organised militancy, proportionality becomes the central constitutional concern

These developments complicate any simplistic narrative of selective prosecution. A sitting chief minister now faces legal proceedings under the same cybercrime framework used against activists. The question, therefore, shifts from whether prosecutions occur across political lines to how the law is interpreted and applied. It raises some fundamental questions: Are the thresholds of criminality clear and consistent? Is the evidentiary standard rigorous and uniform?

Is the severity of punishment proportionate to the alleged offence?

The elasticity of interpretation remains the central concern. When the charge of “anti-state” conduct or terrorism is extended to encompass rhetoric, however abrasive, the extraordinary powers of anti-terror and cybercrime statutes risk becoming ordinary tools of political regulation.

The case of Imaan Mazari does not stand alone. It echoes another episode that exposes structural tensions in the use of sedition and anti-terror laws.

In December 2025, an anti-terrorism court in Karachi acquitted Dr Mahrang Baloch, chief organiser of the Baloch Yakjehti Committee, in a sedition and terrorism case registered more than a year earlier. She had been accused of inciting people by levelling “allegations against security institutions.” The charges included sedition, rioting, promoting enmity, defamation, and violations under the Anti-Terrorism Act.

Yet the court found no substantive evidence. The complainant produced no independent witnesses. Prosecution witnesses admitted they did not know about the alleged incident. Statements recorded during the investigation contained no corroboration. The charge sheet was filed ten months late without explanation. The trial court concluded there was “no probability” of conviction and acquitted her.

Yet despite her acquittal, Dr Baloch remains incarcerated due to multiple other pending cases. Legal vindication did not translate into liberty. The pendency of other cases continued her confinement.

The acquittal in Mahrang Baloch’s case demonstrates that elements of judicial scrutiny remain active within the system. The proceedings against the KP chief minister show that legal processes can, at least formally, extend to powerful officeholders. Yet the severity of Imaan Mazari’s sentence underscores the stakes of expansive interpretation.

Unlike episodes involving violent unrest, such as the events of 9 May, Mazari was not accused of physical agitation, arson, or organised insurrection. Her actions were confined to speech—speech delivered in her capacity as a lawyer who has consistently taken up cases of enforced disappearances and civil liberties. One may disagree with her characterisations. One may contest her conclusions. But disagreement is ordinarily addressed through rebuttal, counter-evidence, and institutional transparency—not through a sentence of such magnitude.

A legal system’s strength lies not in its capacity to silence criticism, but in its ability to confront it with evidence and accountability. If allegations regarding missing persons are unfounded, they can be disproven through judicial inquiry and public disclosure. Resorting instead to a 17-year term risks conveying that rhetorical excess, rather than violent conduct, is being treated as the gravest threat.

The danger in such expansion is not only to individual liberty, but to the coherence of counterterrorism law itself. When the category of terrorism extends to encompass provocative dissent, its moral and legal precision begins to erode.

To understand what happens when law itself becomes a mechanism of obedience rather than accountability, one need only look across the border.

The Afghan Taliban’s recently promulgated “Penal Principles of Taliban Courts” codifies absolute obedience to the Taliban’s supreme leader, Hibatullah Akhundzada. Compliance with his decrees is mandatory; disobedience constitutes a criminal offence punishable by flogging and imprisonment. The code spans ten chapters and 119 articles, regulating not only political loyalty but also social relations, family life, religious belief, and personal conduct. Its philosophy is explicit: authority flows downward, accountability flows upward to none.

Former Pakistani ambassador Asif Durrani described this development as “regression, not justice,” noting that the penal structure embeds hierarchy, expands judicial discretion, and formalises inequality before the law. It transforms legal institutions into instruments of discipline rather than guardians of rights.

Pakistan is not Afghanistan. Its constitutional order, judicial history, and political diversity are fundamentally different. Yet the comparison is not about equivalence. It is about principle.

When obedience becomes the implicit expectation of citizenship, and when criticism is interpreted through the lens of subversion, the architecture of law begins to resemble control rather than protection. Democracies prove their resilience not by silencing their harshest critics, but by tolerating them within clearly defined legal boundaries.

A constitutional democracy must guard against that transformation. Otherwise, the distinction between security and suppression grows thin—and fear, rather than law, becomes the organising principle of public life.

When political speech attracts punishment that rivals penalties imposed for organised militancy, proportionality becomes the central constitutional concern.

The author is a freelance journalist and Senior Research Fellow at the Center for Research & Security Studies