ISLAMABAD: Unequivocal apology and regret by Iman Zainab Hazir (Iman Mazari) under peculiar circumstances has established that the crucial ingredient for constituting an offence (defamation) is non-existent.
This was stated in the order issued by the Islamabad High Court Chief Justice Athar Minallah, quashing a defamation FIR against Iman Zainab.
The order noted that mens rea — intention to commit the unlawful act (the mental element) — and actus rea — the unlawful act committed (the physical element) —are essential ingredients for constituting an offence.
The order explained, “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.”
The order noted, “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 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. The connected petition (Crl. Misc. No.682/2022) has become infructuous and, therefore, accordingly disposed-of.”
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