ISLAMABAD: The Islamabad High Court (IHC) on Monday ordered quashing of the first information report (FIR) registered against rights activist Imaan Zainab Mazari-Hazir for making remarks against Chief of Army Staff (COAS) Qamar Javed Bajwa after her mother Dr Shireen Mazari was arrested by the Anti-Corruption Establishment (ACE).

IHC Chief Justice Athar Minallah accepted the petition filed by Ms Mazari, observing that since she expressed regret for making such a statement, there was no reason for further proceeding.

He noted that being an enrolled advocate and an officer of the court, Ms Mazari should have taken care in her selection of words.

The counsel representing the complainant, Judge Advocate General (JAG) branch – the legal wing of the army – demanded that Ms Mazari should tender an apology in a formal press conference.

It may be mentioned that the JAG branch had lodged the complaint against Ms Mazari after she accused the army chief of arresting her mother Dr Shireen Mazari. Dr Mazari was arrested on May 21 by ACE in a decade-old case. She however was released the same day.

Justice Minallah said Ms Mazari already expressed regret over her remarks and had said because she was under pressure as her mother was arrested and police were not cooperating with her.

The counsel pointed out that Ms Mazari habitually criticised the institution and referred to a statement of hers from 2017.

Zainab Janjua, counsel for Ms Mazari, argued that this showed mala fide intent of the complainant.

In her statement, Ms Mazari stated that the FIR was registered with a mala fide intention, adding it was lodged without even specifying the purported “act of insubordination” alleged in the complaint.

She went on to state, “Prior to unlawful and illegal arrest, my mother had informed me that she and Chief of Army Staff General Qamar Javed Bajwa had been involved in two very heated altercations.”

After her arrest, the police did not provide her with details of whereabouts of her mother and she thought her mother was picked up because of the said development.

“Voicing my reasonable suspicion cannot be categorised as an attempt to ‘aiding/abetting an act of insubordination by officers/soldiers of Pakistan army’ ... my only concern at the time was to ensure my mother’s safe return and to ensure that a lawful and efficient inquiry is conducted in the matter of her illegal and suspicious arrest. It was and is my right to name the suspects based on the information I had.”

The statement added that the investigation team had inquired whether she had links with extremists or foreign elements which she denied vehemently. She also told the investigation team that after her father was diagnosed with stage four colon cancer in January 2021, she never travelled abroad.

Published in Dawn, June 21st, 2022