PESHAWAR — The Peshawar High Court has ruled that while an individual’s right to freedom of speech is a guaranteed fundamental right, it must be balanced against the constitutional rights to dignity and reputation of those affected by such speech.
In a 20-page detailed judgement, the single-member bench rejected an appeal filed by Swabi resident Afzal Khan, who had challenged a lower court's decision directing him to pay Rs0.5 million in compensatory damages for making false land-grabbing allegations against local citizens.
Balancing constitutional rights
The court observed that the right to freedom of speech is protected under Article 19 of the Constitution of Pakistan, but remains subject to reasonable restrictions imposed by law. The bench noted that the Defamation Ordinance, 2002, serves as one such lawful restriction designed to prevent defamatory statements.
Highlighting the constitutional protections for personal standing, the court referred to Article 14, which guarantees the dignity of citizens, alongside Article 4(2)(a), which provides that no action detrimental to the reputation or property of any person shall be taken except in accordance with the law.
Police complaints constitute publication
The case originated when Afzal Khan submitted complaints to the Swabi district police officer and deputy commissioner, alleging that Adil Nawaz and five others were land grabbers who had encroached upon an ancestral graveyard. Subsequent inquiries by administrative and police authorities found the allegations to be false, prompting the respondents to file a damages suit under Section 3 of the Defamation Ordinance.
Addressing whether an official complaint amounts to legal publication, the bench cited Section 2(e) of the Ordinance, which defines publication as communicating words to at least one person other than the defamed individual. The bench confirmed that submitting written allegations to police or district administration satisfies the publication requirement for libel.
Unproved land grabbing claims
The court emphasized that accusing citizens of being part of a land grabbing mafia is not merely a matter of opinion, but an imputation of organized criminality and moral turpitude. Written statements directly imputing dishonest conduct or criminal offenses are defamatory per se, naturally causing reasonable officials to view the accused with aversion and suspicion.
Because the appellant failed to establish the defence of truth or privilege before the trial court, the bench ruled that the district court's decision to award Rs0.5 million in damages was lenient and warranted no appellate interference.
Aasan alfaaz mein
Peshawar High Court ne faisla diya hai ke bolne ki azaadi zaroori hai, lekin kisi ki izzat aur sunaam ko jhoote ilzamoon se kharab nahi kiya ja sakta. Swabi ke ek shakhs ne bina saboot doosron par zameen qabza karne ka ilzam lagaya tha, jis par court ne 5 lakh rupaye harjana barqarar rakha. Police ya sarkari afsaran ko jhooti darkhwast dena bhi qanoonan badnami (defamation) shumar hota hai.
