| Case ID |
1ab9cc12-85d7-4601-b1a0-ab74c6785059 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous Application No. 193 of 1998 |
| Decision Date |
Oct 26, 2000 |
| Hearing Date |
Aug 25, 2000 |
| Decision |
The applicants sought to quash the proceedings of a defamation case against them under sections 499 and 500 of the Pakistan Penal Code. The court found that the complainant failed to substantiate his claims of defamation, as he did not provide specific instances where his reputation was harmed. The judge noted that honest and fair reporting of public statements is protected under the Constitution, emphasizing the importance of freedom of the press. Ultimately, the court quashed the proceedings, stating that no prima facie case for defamation was established, and that continuing the case would be an abuse of the judicial process. |
| Summary |
This case revolves around a defamation claim filed by Abu Zafar Qureshi against several applicants who allegedly published false statements about him in local newspapers. The court examined the nature of the statements and the context in which they were made, ultimately concluding that the applicants were engaged in honest reporting of public interest matters. The court reiterated the significance of protecting freedom of speech and press under the Constitution of Pakistan, particularly in cases involving public officials. The decision highlighted that vague allegations without specific evidence do not meet the legal threshold for defamation. This ruling is pivotal in reinforcing the balance between protecting individual reputations and upholding free expression, making it a landmark case in the realm of media law. It emphasizes the necessity for public figures to withstand scrutiny and criticism, thus promoting accountability within society. The case serves as a vital reference for future defamation disputes, ensuring that the press remains a robust platform for public discourse. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ROSHAN ESSANI, J
|
| Lawyers |
Shafi Muhammad Memon,
Saif-ud-Din Shah,
Imdad Ali Awan,
Ghulam Sarwar Korai
|
| Petitioners |
MUHAMMAD AMEEN,
MOULA BUX,
ABDUL KARIM,
MUHAMMAD USMAN,
AZIZULLAH,
MUHAMMAD SHAREEF
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
ABU ZAFAR QURESHI
|
| Citations |
2001 SLD 2771,
2001 PLD 115
|
| Other Citations |
Aun Saieed Hashmi and another v. The State and 2 others PLD 1976 Kar. 706,
Majid Nizami, Prop. The Nation and Nawa-i-Waqt v. Sheikh Muhammad Rashid PLD 1996 Lah. 410
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
561A,
145,
19,
499,
500,
34
|