Law:

Section:

(a) Dafamation--- ----Damages, suit for---Plaintiff was Director of a company, engaged in business of real estate and was alleged in a news item appearing in two dailies that he was arrested, suspected to be a link between illegal immigrants and some agents settled abroad with international passports of other countries---Plaintiff, contended that said news item had defamed, harassed and tarnished his reputation which was published for some ulterior motives---Source of the news item was the F.I.R. which was lodged at a police station against the plaintiff with the allegation that the plaintiff indulged in a business of passport/visa falling within the scope of offences punishable under S.6(1)(g) & (h) of Passports Act, 1974 read with Ss.420/468/471, P.P.C.---Record showed that the news item was based on F.I.R. and applications were moved by the Investigating Officer before the Magistrate for obtaining remands--Purpose of publication of news item was primarily and predominantly one of general interest of the community, therefore the publication was made for the beneficial consumption of public in order to save them from being deceived---Name of the plaintiff was mentioned in the F.I.R. as an accused person of the offence which was lodged by inspector of police on behalf of the State---F.I.R. recorded by the police officer under S.154, Cr.P.C. was recorded by him in the discharge of his official duty by virtue of Art.49 of the Qanun-e-Shahadat, 1984, therefore, it was a public document---No malice was found on the part of newspapers to publish the news item---Sting or the main point of the news item being based on the F.I.R., therefore, by publishing such news item which was already known to a section of public would not come within the ambit of defamation---Principles. Wolston v. Reader's Digest Association, Inc. No.78-5414; Mehmood Ali v. Network Television Marketing (Pvt.) Limited PLD 2005 Kar. 399; Abdul Ghafoor v. Muhammad Hasan SBLR 2006 SC 1616; Muhammad Sharif v. Nawab Din PLD 1957 Lah. 283; Muhammad Ansar-ul-Islam v. Karachi Stock Exchange Limited, Kar. PLD 1975 Kar. 556; Altaf Gauhar v. Wajid Shamsul Hasan PLD 1981 Kar. 515; Majid Nazami v. Muhammad…

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