The Lahore High Court (LHC) on Tuesday ordered the non-enforcement of the controversial defamation bill, which was signed into law by the acting Punjab governor Malik Ahmad Khan a few days ago.
During the hearing of the petition filed by Jaafar Ahmad Yar and Riaz Ahmad Raja, seeking annulment of the law or Punjab Defamation Act, 2024, Justice Muhammad Amjad Rafiq of the LHC linked the operation of the Defamation Law to the verdict of the court in this case.
The LHC judge also issued notices to the respondents, including the Punjab government, and sought their replies. Punjab Additional Advocate General (AAG) raised objections to the admissibility of the plea for the hearing. “The petition is not fit to be admitted for the hearing,” he said. The court also issued notices to the attorney general and advocate general, seeking their legal assistance. Justice Rafiq asked whether the law was against the right of free speech.
The petitioner’s lawyer replied that there was a clause in the law, which slapped Rs3 million in fine on the alleged offender without proof even before the start of the trial. The legislation about defamation became law on Saturday after acting Punjab Governor Malik Ahmad Khan – a PML-N member – gave his assent to the bill in the absence of PPP Governor Sardar Saleem Haider, who had gone on leave after assuring bodies of journalists and other stakeholders ‘consultations’ on the law.
The law, which became the subject of criticism the moment it was passed, however, soon landed in the Lahore High Court (LHC) after a joint petition was filed by two journalists challenging its legality. On Monday, the Punjab Defamation Act 2024 has become law as the provincial government has issued the gazette notification for it. The Punjab Assembly Secretariat officially declared the Defamation Act 2024 as law.
After issuance of the gazette notification, the new defamation law has been enforced across the province of Punjab with immediate effect. The defamation law suggests special tribunals to hear defamation cases, with swift judgments anticipated, and fines of up to Rs3 million for disseminating false information. The tribunal has six months to make a decision. Cases involving accusations against people in positions of constitutional authority shall be heard by the Lahore High Court (LHC).
On May 20, 2024, the Punjab Assembly passed the Defamation Bill 2024, rejecting all the amendments proposed by the opposition and ignoring the reservations and protests of the journalist community. The opposition in the Punjab Assembly termed the bill a black law and tore copies of the bill in protest.