Case Details

Citation(s)
2002 SLG 2492 2002 SLD 2492 2002 PLD 514
Supreme Court of Pakistan
Civil Appeals Nos. 1427 and 1952 of 1996, decided on 6th March, 2002.
SH. RIAZ AHMED, MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Raja Muhammad Anwar Senior Advocate Supreme Court, Raja Shafqat Abbasi, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Appellant. Ch. FazaleHussain, Advocate-on-Record for
Respondents.

Sheikh MUHAMMAD RASHID

VS

MAJID NIZAMI, EDITOR-INCHIEF, THE NATION AND NAWEWAQAT, Lahore and another

Law:

Section:

(a) Constitution of Pakistan (1973)-- ----Art. 185(2)(d)---Appeal---Delay of 196 days ---Condonation---Out of two appeals arising out of the same , one appeal was time-barred--­Supreme Court condoned such delay as it proposed to decide both the appeals through a common . (b) Civil Procedure Code (V of 1908)--- ----S. 98(2), proviso---High Court Rules and Orders (Lahore), Vol. V, Chap. 4-H, R.5---Constitution of Pakistan (1973), Art. 185(2)(d) --- Suit for damages---Difference of opinion on a point of law between members of a Division Bench of High Court---Reference to third Judge---Referee Judge while agreeing with the view of one Judge of the Division Bench dismissed the suit and set aside /decree passed in favour of appellant by Trial Court---Contention of appellant was that Referee Judge could not pronounce , rather he should have referred the matter back to the Division Bench for decision after recording his opinion on the points referred to him and could not go beyond the reference---Validity---Perusal of the of Referee Judge would show that he had confined his opinion to the points referred to him and had not gone beyond the reference. Muhammad Sayyar v. Vice-Chancellor, University of Peshawar and others PLD 1974 SC 257 ref. (c) Constitution of Pakistan (1973)--- ----Art. 19 [as amended by Constitution (Fourth Amendment) Act (LXXI of 1975). S. 4]---Freedom of Press---Scope---Omission of, the word "defamation" from Art.19 of the Constitution and its substitution by words "commission of" by Constitution (Fourth Amendment) Act, 1975, has enlarged the scope of freedom of Press, but it does not provide licence to the Press to publish such material, which is prejudicial to the interest of any person or may harm or cause damage to reputation, honour and prestige of a person---Press is not free to publish anything it desired, but its freedom is subject to such reasonable restrictions as may be legitimately imposed under law in the public interest and glory of Islam---Press must take due care and caution before publishing any material in the Press, verify its correctness from the concerned quarters and keep themselves within the bounds and ambit of the provisions…
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