The dictionary defines the term ‘manuscript’ as ‘an author’s handwritten or typed text that has not yet been published’. In fact, I am writing one right now, sitting here on the balcony after a long and weary day. Any author, whether that of a book, novel or column, goes through this phase, when they go over their content again and again till they can get it just right.
There are hundreds of manuscripts in the author’s head. While some he may choose to write down, others he might be too apprehensive about sharing with the world.
Other people obviously cannot access the ideas and thoughts in the writer’s head, however, they can have access to anything the author might have written down. Now you might not agree with the contents of their manuscript, you also cannot prosecute them for something that has not been officially published. Just like we do not arrest criminals for thinking about a crime, likewise, even if one has authored the most controversial of words, it is not punishable under the law until it is published.
Reham Khan’s recent book controversy is based on the same principle. Even before her book has even been released, many PTI supporters have resorted to sullying her name and providing excuses in order to protect their leader. This strategy is usually adopted by the defendants in judicial cases in the US who, in order to gain some leverage over the prosecution, go to the judge or jury with some incriminating evidence of their own so as to as to weaken the opposition’s case. However, there has to be some distinction in a strategy adopted by a lawyer in court, and the members of a party trying to defend their chairman. The former is a game of rules and regulations, whereas the latter is more about what is perceived to be true rather than the real truth itself.
Reham is more likely to find herself a publisher now, especially since a book that has not even been released yet has garnered such publicity. The reaction of the PTI and their supporters has also further led to even more notoriety, and it seems they have only managed to play into the hands of Ms Khan
Therefore, the game of politics is not about the truth, but rather, only the perception of it. PTI realizes this fact, which is why they have resorted to calling everyone else liars and thieves, except for themselves. That is of course till one of the opposition decides to join the party. Then all their past mistakes are forgotten and they are handed a clean slate to perpetuate their sins even longer.
Reham is more likely to find herself a publisher now, especially since a book that has not even been released yet has garnered such publicity. The reaction of the PTI and their supporters has also further led to even more notoriety, and it seems they have only managed to play into the hands of Ms Khan.
Truth is an absolute defence for defamation. This means that if you write something that is insensitive about another person, if what you say is true then it will not be considered defamation. The fact that Reham may be sued for defamation in the UK should be quite alarming for the PTI, since the resulting court case might reveal other stories that have as yet stayed under wraps.
Even if PTI wins the elections, the shadow of Reham’s as yet unpublished book will always hang over the head of Imran Khan and his party. Their contention that it is pornographic in nature or is a threat to the innocence of children is nothing more than kindling for its eventual release. While an author has every right to write about anything in the world they might choose, taking out individual parts of a publication and using it to defame the writer is not only immature, it is unbecoming of a party or leader hoping to one day rule over our great nation.
The writer is a graduate of Cardiff University, UK and is a member of The Honourable Society of Lincoln’s Inn. He is currently practicing law at Peshawar and Islamabad High Court and the District Courts. He can be reached at [email protected]
Published in Daily Times, June 14th 2018.