ISLAMABAD: Imaan Mazari, daughter of former federal minister and the Pakistan Tehreek-e-Insaf (PTI) leader Shireen Mazari has unequivocally apologised for the intemperate and inappropriate language used by her against the senior command of the Pakistan Army.
It was stated in a written judgment issued on Wednesday by Chief Justice Athar Minallah in the petition moved by Mazari praying before the court to quash the FIR registered against her by the Judge Advocate General (JAG) branch of the Pakistan Armed Forces.
The FIR was registered for the alleged commission of offences described under sections 138 and 505 of the Pakistan Penal Code, 1860. It was registered pursuant to a complaint filed by the Judge Advocate General Branch of the General Headquarters.
According to the verdict, the petitioner had appeared along with her counsel on 01-06-2022 and they had unambiguously, stated that there was no intent whatsoever to disrespect or malign the Armed Forces and that the accusations made were due to misleading information provided by the police officials, at a time, when the petitioner was under great stress and in a state of trauma.
The order said, “It was explicitly stated that the inappropriate language and utterances could not be justified. The remorse and regret was obvious to the Court as duly recorded in the order, dated 01-06-2022.”
It said that they have stated that the utterances in relation to a public office holder were not justified; outcome of misinformation and above all, made at a time when the petitioner was traumatized and under extreme stress.
“The petitioner has unequivocally apologized for the intemperate and inappropriate language used by her, at a time, when she was under extreme stress. She had not given any interview and that the recording should not have been uploaded on the social media without her express consent,” said the IHC judgment.
It continued that the Additional Attorney General, taking a fair stance, stated that the complainant has always been magnanimous and that the unequivocal apology and regret by the petitioner manifests her intent. He, however, stated that the petitioner is expected to exercise care in future since she is also an officer of the Court and bound to observe the code of conduct prescribed for enrolled advocates.
The IHC bench noted that mens rea and actus rea are essential ingredients for constituting an offence. It maintained, “The unequivocal apology and regret by the petitioner under peculiar circumstances, has established that the crucial ingredient for constituting an offence is non-existent. Moreover, the peculiar circumstances in which the inappropriate utterances were made, recorded and uploaded without the petitioner’s consent manifests that there was no intent to commit an offence. It indeed takes courage to admit one’s mistake and apologize for an inappropriate conduct. The fair stance taken by the learned Additional Attorney General on behalf of the Complainant is also appreciable.”
The court’s verdict said that she was informed that her mother had been allegedly abducted and maltreated and she approached the police officials and other public office holders but they refused to acknowledge having detained her mother.
It added that the petitioner asserted that she was traumatised and, in a distressful state of mind, rushed to the High Court. The petitioner further asserted that she did not give any formal interview and that someone recorded her utterances, which were subsequently uploaded on the social media.
The bench said that for the above reasons, the Court is satisfied that further proceedings pursuant to registration of the FIR would be an exercise in futility. The petition is, therefore, allowed and consequently the FIR is hereby quashed.
Copyright Business Recorder, 2022