Army lodges FIR against Shireen Mazari’s daughter

IHC grants pre-arrest bail to Imaan in case pertaining to ‘defaming’ army

ISLAMABAD:

Pakistan Army filed a first information report against Shireen Mazari’s daughter Imaan Mazari for “abusing and defaming” the army and Chief of Army Staff General Qamar Javed Bajwa.

However, the Islamabad High Court on Friday granted Imaan pre-arrest bail till June 9 in the case.

Chief Justice Athar Minallah heard the pre-arrest bail application filed by Advocate Zainab Janjua.

Syed Humayun Iftikhar, Lt Colonel for Judge Advocate General, GHQ, had filed an FIR against Imaan at the capital’s Ramna police station on May 26 (Thursday).

Imaan has been booked under sections 505 (inciting people against armed forces) and 138 (abetment of act of insubordination by soldier) of the Pakistan Penal Code.

Section 138 reads: “Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both."

According to the application, Mazari made a “derogatory and hatred [sic] statement on May 21” against Pakistan Army and its chief Gen Qamar.

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“Her derogatory statements are highly disparaging aimed to cause and incite mutiny/intimidation amongst ranks and file of Pakistan Army,” it stated. “It also leads to ridicule and create hatred within Pakistan Army which made out [sic] a serious offence.”

It alleged Mazari also defamed the senior military leadership as these “statements, made with the intent to cause and create unrest and chaos in Pakistan Army” which is a “punishable offence”.

According to the application, “There are reasons to believe that such act [sic] will harm the reputation of [the] army and senior leadership.” The application sought legal action against Mazari for an offence against the state.

It may be noted here that after the Punjab government distanced itself from Shireen Mazari's arrest, her daughter Imaan accused Gen Qamar and the army of being behind the detention of her mother.

Later, challenging the FIR, the lawyer representing Imaan said her client was being made a "victim of ulterior motives and highhandedness of the complainant and others, who are highly influential".

"The FIR is ill-founded and allegations are absurd," the petition said.

The court admitted her plea and granted Imaan pre-arrest bail for two weeks.

In a written order issued later in the day, the IHC CJ said notices were being issued to the state and the complainant, Imaan, for June 9.

"In the circumstances, the petitioner is admitted to ad-interim pre-arrest bail, subject to furnishing of surety in the sum of Rs1,000 with one surety in the like amount to the satisfaction of the deputy registrar (judicial) of this court," the written order said, directing Imaan to join the investigation and appear before the court on "each date fixed".

The country’s Constitution and law provide protection to the armed forces against defamation and ridicule. And analysts say the court ruling, in this case, could set a precedent.

The military has been accused of flouting legal course while dealing with its critics.

Analysts say the military has decided to follow the legal course to seek justice — a welcome tradition, which could encourage the institution to follow a legal course in every case.

It is a test case for the justice system of the country to decide this case on 100% merit, irrespective of the age and gender of the accused.

The law laid out in the Constitution, which guarantees protection to the armed forces against defamation, should be implemented.