Law: Defamation Ordinance, 2002

Section: 3,6, 7

Law: Code Of Civil Procedure, 1908.

Section: 11

Precise Summary The appellants challenged a judgment dated 17.06.2021, where the Additional District Judge-III, Haripur, rejected their defamation plaint under Order VII Rule 11 of the Code of Civil Procedure (CPC). The appellants had sought Rs. 50,000,000/- in damages under the Defamation Ordinance, 2002, alleging that the respondents made defamatory statements regarding their character in various civil and family court pleadings. These statements included allegations of an immoral lifestyle and past criminal conduct. The Peshawar High Court, in the case of Mst. Rukhsana, etc. v. Mst. Parveen Bibi, etc., dismissed the appeal. The Court held that the allegedly defamatory statements were made exclusively within the course of judicial proceedings and were not disseminated externally. Under the Defamation Ordinance, 2002, such statements are protected by the doctrine of privilege. The Court emphasized that for the sake of public policy and the independent administration of justice, litigants must be free to disclose facts and assert claims without fear of retaliatory defamation suits. Consequently, as the statements were confined to sub-judice court pleadings, they did not furnish an independent cause of action, and the rejection of the plaint was affirmed. Tagline Statements made in the course of judicial proceedings and pleadings are protected by absolute and qualified privilege; such averments cannot form the basis of an independent defamation suit while the matter is sub-judice. ORDER; AURANGZEB, J.- Through this appeal the appellants have assailed the judgment and decree dated 17.06.2021, whereby the learned Additional District Judge-III, Hariur the application filed by the respondents under Order VII Rule 11 CPC was accepted and the plaint of the appellants was rejected. In essence, the appellants (plaintiffs) instituted a civil suit seeking recovery of an amount of Rs.50,000,000/- (fifty million) as general and special damages under the Defamation Ordinance, 2002. Upon notice, the respondents (defendants) entered appearance before the learned trial Court and contested the claim by filing their written statement. The respondents also moved an…