Athar Minallah, C.J. Ms Iman Zainab Hazir (hereinafter referred to as the "Petitioner" ) has invoked the jurisdiction of the Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the "Constitution" ). She has prayed that a writ be issued to quash FIR No.436/22, dated 26-05- 2022 (Police Station Ramna, Islamabad) (hereinafter referred to as the "FIR" ). The FIR was registered for the alleged commission of offences described under sections 138 and 505 of Pakistan Penal Code, 1860 (hereinafter referred to as the "PPC" ). It was registered pursuant to a complaint filed by the Judge Advocate General Branch of the General Headquarters (hereinafter referred to as the "Complainant" ).
2. It was the case of the petitioner that she was informed that her mother had been allegedly abducted and maltreated. She approached the police officials and other public office holders but they refused to acknowledge having detained her mother . The petitioner asserts that she was traumatized and, in a distressful state of mind, rushed to the High Court. The petitioner further asserts that she did not give any formal interview and that someone recorded her utterances, which were subsequently uploaded on the social media.
3. The criminal case was registered in relation to certain inappropriate utterances made against a public office holder , which in the opinion of the Complainant were unwarranted accusations and intemperate language was used. It was apprehended that such uncalled for language was likely to adversely affect the discipline of a uniformed force.
4. The petitioner had appeared alongwith her counsel on 01-06-2022. 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. 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.
5. The petitioner has again appeared today alongwith her counsel. They have stated that the utterances in relation to a public office holder were not justifie d; 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.
6. When confronted with the above, the learned Additional Attorney General, taking a fair stance, has stated that the Complainant has always been magnanimous and that the unequivocal apology and regret by the petitioner manifests her intent. He has, however , stated that the petitioner is expected to exercise care in future since she is also an of ficer of the Court and bound to observe the code of conduct prescribed for enrolled advocates.
7. It is noted that mens rea and actus rea are essential ingredients for constituting an offence. The unequivocal apology and regret by the petitioner under peculiar circumstances, has establishe d 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.
8. 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 . The connected petition (Crl. Misc. No.682/2022) has become infructuous and, therefore, accordingly disposed-of.