No proceedings started under Defamation Act, LHC told

LAHORE: The Advocate General of Punjab (AGP), Khalid Ishaq, on Thursday told the Lahore High Court that no proceedings had so far been started under the Defamation Act 2024.

Opposing the petitions against the law, he said the petitioners were merely speculating that something was about to happen, but no action had been taken under the law yet. He clarified that neither tribunals had been formed nor rules established under the law.

Justice Amjad Rafiq asked the law officer what would happen if someone committed an offence from Sindh or other provinces.

AGP Ishaq said the answer to this question was under discussion in the Supreme Court. He further said that it would be a different matter if an aggrieved person moves the court to stop the proceedings. However, he said, no aggrieved party had so far filed a petition.

Justice Amjad Rafiq observed that it was not necessary that only an aggrieved person could challenge a law made in violation of fundamental rights.

The judge remarked that serious questions had been raised by the petitioners on the defamation law.

The judge adjourned further proceedings on the petitions till July 29.

Lahore Press Club President Arshad Ansari, among others, has challenged the new law.

The judge also issued notices to the government on a fresh petition filed by journalists Benazir Shah and Mansoor Ali Khan.

After going through the petitions by the two journalists, Justice Rafiq observed that there were good grounds to assess the constitutionality of the law.

The two journalists challenged the law mainly on the ground that the core subject matter of the legislation is communication or speech, which is beyond the legislative competence of provinces.

The petitioners also assailed the law on the grounds for being in violation of fundamental rights guaranteed by the Constitution.

The petitioners argued that the provisions of the law are extremely harsh and punitive in nature, which place unreasonable restrictions on freedom of speech and expression violating rights of due process and equality.

They asked the court to issue a stay order against the operation of the Defamation Act and declare that the law is void ab initio, of no legal effect and ultra vires of the Constitution.

Published in Dawn, July 5th, 2024