Sitting Panel: Sh. Riaz Ahmed, Mian Muhammad Ajmal and Syed Deedar Hussain Shah, JJ

Summary:

This case involved two civil appeals filed by Sheikh Muhammad Rashid (appellant) against a judgment of the Lahore High Court concerning a suit for damages for defamation. The appellant had sued Majid Nizami, Editor-in-Chief of The Nation and Nawa-e-Waqat, and another respondent, over allegedly defamatory articles published in their newspapers. A Division Bench of the High Court had referred the matter to a third Judge (Referee Judge) due to a difference of opinion. The Referee Judge, agreeing with one of the Division Bench Judges, ultimately dismissed the appellant’s suit and set aside the trial court’s decree, which had previously granted damages. One of the appeals before the Supreme Court was time-barred, but the delay was condoned as both appeals stemmed from the same judgment and would be decided together.

The Supreme Court dismissed both appeals, upholding the High Court’s decision. The Court found that the appellant had failed to substantiate his claim by proving “actual malice” on the part of the respondents, which is a crucial element in defamation cases against the press. The Court noted that the respondents had offered the plaintiff ample opportunities to rebut the allegations, which were not accepted. The Supreme Court also affirmed that the Referee Judge had correctly confined his opinion to the points of reference and had not exceeded his jurisdiction. While dismissing the appeals, the Court reiterated the principle that the press is not at liberty to publish prejudicial material or harm anyone’s reputation without due care, caution, and proper verification of facts from concerned quarters.

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