Law: Pakistan Penal Code, 1860

Section: 499, Eighth Exception

Law: Code of Criminal Procedure (CrPC), 1898

Section: 265-K, 435, 439 & 561-A

Penal Code ( XLV of 1860 )-------S. 499, Eighth Exception---Criminal Procedure Code (V of 1898), Ss.265-K, 435, 439 & 561-A---Defamation---Essential ingredients/ aspects---Mens rea--Good faith---Scope---Petitioner was aggrieved of her summoning in a private complaint proceedings---Assertion of the respondent/complainant was that the petitioner in different documents, including habeas/guardian petition for a, had alleged that he (complainant) was a Ahmadi/Qadiani by faith whereas he was a Barelvi Muslim , thus petitioner had defamed him by causing false imputation--Validity---Essential ingredient of defamation as per S.499 of the Penal Code, 1860 (P.P.C.) is mens rea, therefore according to the Eighth Exception to S.499, P.P.C., accusation levelled in good faith before a lawful authority for protection of right or interest can not be defamation---When the statement is made for public good and to safeguard the interest of its maker, without any malicious motive, offence of defamation is not made out---However, for summoning an accused person, the facts of the case should only be discussed prima facie and, therefore, the inherent powers of the High Court are to be sparingly exercised to prevent the abuse of the process of law---Some important questions must not be lost sight of: firstly, whether the faith of father does not determine the faith of the child in normal circumstances; secondly, in the wake of total denial of a particular faith by a person, whether a Family Court can issue any such declaration within the scope of Family Courts Act, 1964 , while determining welfare of the minor in deciding his custody petition; thirdly, whether the allegations before the judicial authorities are in good faith; fourthly, whether the Sessions Court is not the forum to determine the criminal consequences of calling someone with some faith other than his own---However, all said questions will have to be determined by the Sessions Court, once the same may be brought to its (Court's) notice through an application under S.265-K, Cr.P.C--Since the petitioner had already entered appearance before it (the Court), criminal revision was disposed of accordingly.Mst. Shash Begum…

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