Law:

Section:

Tort------- Suit for damages against press publication---Fair comments in news item---Plaintiff was involved in a criminal case and defendant newspaper published the news with fair comments on the news item---Plaintiff was later on exonerated of the charge and assailed the act of publication of comments etc. in suit for damages---Validity---Plaintiff failed to establish in any manner whatsoever that the news item was in any manner incorrect or that it was not a fair comment---Where the news was based on the incident that had occurred, such news was required to be published as it was the matter of public interest for which in fact the newspaper were required to be vigilant---Publication and the newspapers were watchdogs---It was duty of the newspapers to report any incidence that might have happened with all fair comments---Case being not of misreporting at the stage when the news item was published, suit was dismissed. Dr. Q.M. Qarni v. Khalil-ur-Rehman and others PLD 1975 Kar 379; Muhammad Ismail v. Dr. Afzal Mirza 1999 CLC 958 and Hussain Bibi v. Saleh Muhammad PLD 1996 Lah. 50 distinguished. Halsbury's Laws of England, IVth Edn., Vol. 28, para. 109 ref. JUDGMENT The present suit has been filed for defamation, and damages in the sum of Rs.10,00,000 (Rupees ten lacs). 2. The facts that arise out of the plaint are that the plaintiff is the director of the company namely M/s. Diamond Estate (Pvt.) Ltd., engaged in .the business of real estate and was alleged in a news item appearing in the daily DAWN English of 5-12-1990 and daily DAWN Gujrati of 6-9-1990 that the plaintiff was arrested, suspected to be a link between illegal immigrants and some agents settled in U.S. with International Passports of Pakistan, Sirilanka, Iran and Bangladesh. The name of the plaintiff allegedly mentioned in newspaper report is Hakim Ali. According to the plaintiff the report published by the defendants is contrary to the F.I.R. lodged, which has caused the plaintiff's goodwill and reputation, in the eyes of public at large to be tarnished by the publication of the said baseless story. It is stated in the plaint that a legal notice was given on 26-12-1990 to the defendants seeking…

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