Law: Defamation Ordinance (LVI of 2002)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 247(3),270AA,89

Law: Civil Procedure Code (V of 1908)

Section: R.11

Defamation Ordinance (LVI of 2002)--- ----S. 3---Civil Procedure Code (V of 1908), O.VII, R.11---Constitution of Pakistan, Art.247(3), 270-AA & 89---Defamation---Suit for damages---Applicability of Defamation Ordinance, 2002 to Provincially Administered Tribal Areas of Khyber Pakhtunkhwa---Plaint, rejection of---Scope---Trial Court rejected plaint on the ground that Defamation Ordinance, 2002 had no application to the Provincially Administered Tribal Areas---Validity---Provincially Administered Tribal Areas were part of Pakistan and Defamation Ordinance, 2002 was made applicable to the whole of the country---Article 247 of the Constitution was non-operative when Defamation Ordinance, 2002 was promulgated---Separate Ordinance/Order or a Regulation by the President was not required for extension of Defamation Ordinance, 2002 to Provincially Administered Tribal Areas---President had not promulgated Defamation Ordinance, 2002 in exercise of his ordinary powers under Art.89 of the Constitution rather it was in exercise of powers under Provisional Constitution Order, 1999---Impugned order passed by the Trial Court was not in accordance with provisions of Constitution which was declared without lawful authority and of no legal effect---Suit filed by the plaintiff would be deemed to be pending before the Trial Court who should decide the same in accordance with law---Appeal was accepted in circumstances. JUDGMENT MALIK MANZOOR HUSSAIN, J.--This appeal has been preferred against the order dated 22.2.2013 passed by learned Additional District Judge/Izafi Zila Qazi-II, Swat, whereby suit filed by appellant under Defamation Ordinance, 2002, was rejected for want of jurisdiction. 2. Facts gave rise to the instant appeal are that appellant filed a suit for recovery of Rs.50 million as damages under the Defamation Ordinance, 2002. The respondent No.1 appeared before the Court and filed an application for rejection of plaint on the ground that since the Defamation Ordinance, 2002, was not extended to the PATA as required under Article 247(3) of the Constitution of Islamic Republic of Pakistan, 1973; therefore, the suit filed was not maintainable. 3. The learned trial…

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