Law: Criminal Procedure Code (V of 1898)

Section: 561A,145

Law: Constitution of Pakistan, 1973

Section: 19

Law: Pakistan Penal Code, 1860

Section: 499,500,34

(a) Penal Code (XLV of 1860)--- ----S. 500---Defamation---Mens rea or intention is essential ingredient for constituting an offence of defamation---Article published must be libellous lowering down the reputation of the person. (b) Penal Code (XLV of 1860)--- ----Ss. 499 & 500---Constitution of Pakistan (1973), Art.19---Criminal Procedure Code (V of 1898), S.561-A---Quashing of proceedings---Accused according to the alleged defamatory news items published in the Daily Newspapers had held a Press Conference about the complainant and apprised the Press Reporters about the violation of the order of the Court by him--­Complainant in his complaint filed under Ss.499/500, P.P.C. had neither quoted any specific instance nor examined any witness to substantiate that his reputation was lowered down in the eyes of arty of his superiors, friends or persons of general public---Complainant had not even examined any of his relations who had discontinued the contacts with him after the publication of the said news items---Allegations made in the complaint were of general nature---Trial Court without applying its judicial mind has issued the process against the accused in haste and failed to consider that the prima facie evidence for the purpose of Ss.499/500, P.P.C. was lacking in the case--­Newspapers had not reported, published or printed of their own and they did not criticise, but had reproduced what was stated before them by the accused---Fundamental Right of Press was protected in publishing the news item against the action for defamation under Art. 19 of the Constitution--­Honest and fair reporting of a public statement or bona fide expression of opinion on a matter of public interest was not actionable even if it did not come to be true---No prima facie case under Ss.499/500, P.P.C., thus, had been made out and continuance of the proceedings before the Trial Court would be abuse of the process of the Court---Proceedings pending against the accused in the Trial Court were quashed accordingly. Aun Saieed Hashmi and another v. The State and 2 others PLD 1976 Kar. 706 and Majid Nizami, Prop. The Nation and Nawa-i-Waqt v. Sheikh Muhammad Rashid PLD 1996 Lah. 410 ref,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492