Case Details

Citation(s)
2024 SLG 5654 2024 SLD 5654 2024 MLD 1729
Sindh High Court, Sukkur Bench
First Civil Appeal No. S-26 of 2021, decided on 22nd April, 2024.
Before Arbab Ali Hakro, J
Shoukat Ali Makwal for Appellants. Imran Khan Pathan for
Respondent No. 2. Ahmed Ali Shahani, Assistant Advocate General for
Respondent No. 1. Date of hearing: 4th March, 2024.

Mst. BIBI SAIRA and others---Appellants

VERSUS

P.O SINDH through Secretary, Home Department, Govt. of Sindh Karachi and another---Respondents

Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Dafamation Ordinance, 2002.

Section: 2, 3, 4 & 5

(a) Defamation Ordinance (LVI of 2002)-------Ss.2, 3, 4 & 5---Civil Procedure Code (V of 1908), S.96---Suit for recovery of damages---Libel---Defamation of respondent and his son in the form of libel by publishing serious malicious allegations on Facebook and TV News Channel causing harm to their reputation, dignity and honour in the society and respondent's department---Admission on part of the appellants as to libel---Lack of counter evidence in support of defamatory acts---Effect---Contention of the appellants was that suit had been filed by respondent as a counterblast of a decree for recovery of dowry articles in favour of the appellants---Validity---Contents of the statement or interview that was subsequently broadcast on a news channel and posted on a social media account (specifically, a Facebook ID), was deemed sufficient to prove defamation---Defamatory substance had not been refuted by the opposing party--Actions of the appellants constituted an actionable wrong under the Ordinance, 2002---Violation of the Ordinance had been proved especially when the appellants had failed to present any defence plea stipulated in S.5 of the Ordinance, therefore, no formal or additional proof of the defamatory material was required---Appellants did not identify any discrepancies in the record---Upon the establishment of libel, the presumption of injury or damage to one's reputation and goodwill was an axiom of jurisprudence, now codified within S.4 of Ordinance---Once defamation is substantiated, the law invariably infers detriment, injury and diminution to the reputation, goodwill or standing of an individual, their profession, or products, as applicable---High Court dismissed the appeal accordingly.(b) Defamation Ordinance (LVI of 2002)-------S.3---Defamation---Types of defamation and key elements that need to be established by a claimant to succeed in a defamation case stated.JUDGMENTARBAB ALI HAKRO, J.---Through this First Appeal, filed under Section 15 of the Defamation Ordinance, 2002 ("the Ordinance, 2002") read with Section 96 of the Code of Civil Procedure, 1908 ("the Code"), the Defendants/Appellants Nos. 1 to 3 challenge the Judgment and Decree dated…
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