The Islamabad High Court (IHC) on Monday dismissed the defamation case filed by the Pakistan Army against advocate Imaan Mazari after she expressed "regret" over her earlier remarks against the institution and the army chief.
The lawyer, who is also the daughter of former human rights minister Shireen Mazari, had been accused of “abusing and defaming” the army and Chief of the Army Staff General Qamar Javed Bajwa.
On May 27, the former human rights minister’s daughter was booked under sections 505 (inciting people against armed forces) and 138 (abetment of act of insubordination by soldier) of the Pakistan Penal Code.
During the hearing today, Chief Justice Athar Minallah accepted Imaan's application against the registration of the case against her and remarked that Imaan had already expressed regret for what she had said earlier
Advocate Zainab Janjua, representing Imaan, stated in reply that the defendant had said on the first day of the trial that her words were not justified.
The chief justice then said that Imaan is an officer of the court and she should not have spoken such words and asked the petitioner's counsel what more did he want now that Imaan had apologised.
The defence ministry's counsel said that Imaan should apologise for her statement in the press. However, Chief Justice Minallah said that the advocate had apologised to the court, adding that the circumstances regarding Imaan's mother on the day the statement was made be kept in mind.
The ministry's lawyer said that Imaan was like "a daughter" but her old conduct should also be looked at. Her lawyer then stated that they became part of the investigation despite having reservations about the court's directives.
She added that Imaan had recorded her statement with the police but they had "written something else". The police were then informed that they would submit a written statement.
According to the application submitted by the army, Imaan made a “derogatory and hatred [sic] statement on May 21” against Pakistan Army and its chief.
“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.”
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It alleged Imaan 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”.
Upon hearing her statements during the hearing on June 1, the IHC had said that the complaint lodged against Imaan by a state institution should have been withdrawn.
Chief Justice Athar Minallah had remarked that in her statement, Imaan had written that the comments on which the case was based were unintentional and she was stressed at the time.
He also asked the defendant whether she had explained herself to the police after becoming a part of the investigation. In his reply, the advocate stated that Imaan had joined the investigation and had answered police questioning.
“We have written in our statement that we did not make any statement against the Pakistan army,” the advocate said during the earlier hearing, reiterating that the petitioner’s mother had been arrested due to which she was stressed on that day.
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