Lahore High Court Addresses Defamation Act 2024 Concerns
LAHORE: On Thursday, the Advocate General of Punjab (AGP), Khalid Ishaq, informed the Lahore High Court that no proceedings had commenced under the Defamation Act 2024.
Petitions Against the Law: Opposing the petitions, AGP Ishaq stated that the petitioners were speculating about potential actions under the law, but no action had been taken yet. He clarified that neither tribunals had been formed nor rules established under the law.
Jurisdictional Concerns: Justice Amjad Rafiq inquired about the implications if an offence was committed in Sindh or other provinces. AGP Ishaq responded that this matter was currently under discussion in the Supreme Court. He mentioned that an aggrieved person could move the court to halt proceedings, but no such petition had been filed to date.
Fundamental Rights: Justice Amjad Rafiq noted that it was not necessary for only an aggrieved person to challenge a law if it violated fundamental rights. The judge acknowledged that the petitioners had raised serious questions about the defamation law.
Next Steps: The court adjourned the hearing on the petitions until July 29. Among the challengers of the new law is Lahore Press Club President Arshad Ansari.
New Petitions: The judge also issued notices to the government in response to a fresh petition filed by journalists Benazir Shah and Mansoor Ali Khan. After reviewing their petitions, Justice Rafiq observed that there were substantial grounds to evaluate the constitutionality of the law.
Challenges to the Law: The two journalists contended that the legislation’s core subject matter, communication or speech, was beyond the provinces’ legislative competence. They argued that the law violated fundamental rights guaranteed by the Constitution, imposing unreasonable restrictions on freedom of speech and expression, and infringing on due process and equality rights.
Petitioners’ Requests: The petitioners urged the court to issue a stay order against the Defamation Act’s implementation and declare the law void ab initio, rendering it of no legal effect and ultra vires of the Constitution.
Read More:
Lahore High Court Conditionally Implements Section 3 of the Defamation Law
Another Petition Filed in Lahore High Court Against Defamation Law
What is the Punjab Defamation Bill 2024?
Punjab Education Minister Upholds Freedom of Expression Amidst Debate over Bills
Acting Punjab Governor Malik Ahmad Khan signs Defamation Bill 2024