Lahore High Court Suspends Key Sections of Punjab Defamation Act 2024 Pending Final Decision
The Lahore High Court has requested responses from the Punjab government and other stakeholders, adjourning the case for further hearing
Lahore, The Lahore High Court has put a hold on the implementation of three sections of the Punjab Defamation Act 2024, pending a final court decision.
Justice Amjad Rafiq presided over the hearing of a petition filed by advocate Nadeem Sarwar, challenging the Punjab Defamation Act 2024. The petitioner argued that the act undermines judicial independence and freedom of expression.
Advocate Nadeem Sarwar contended that the act allows the Chief Justice to recommend three judges as a tribunal, but the government retains the power to reject these recommendations and request new names. He argued that this undermines judicial authority, as the Chief Justice’s proposal should be binding.
Justice Amjad Rafiq pointed out that tribunals, such as the service and banking tribunals, operate under government orders, not judicial directives, suggesting a conflict with judicial independence.
The court questioned how the law infringes on freedom of expression and basic human rights. Sarwar responded that the act permits proceedings to commence without evidence and mandates a substantial pre-judgment fine of 3 million rupees for the accused, which he argued is unjust.
Read More: LHC grants Imran Khan interim bail in Zaman Park case
The government’s lawyer defended the act, highlighting recent consultations between the government and the Lahore High Court on judge appointments in special courts. However, Justice Rafiq emphasized that government interference in judicial proposals is unacceptable.
Subsequently, the court issued notices to the Attorney General and Advocate General Punjab for their input, and suspended the implementation of Sections 3, 5, and 8 of the Defamation Act until a final verdict is reached.
The Lahore High Court has requested responses from the Punjab government and other stakeholders, adjourning the case for further hearing.
Chief Justice Slams Election Commission Over Tribunal Changes
Chief Justice Amir Farooq of the Islamabad High Court vehemently criticized the Election Commission’s decision to shuffle election tribunals, declaring it untenable. The heated remarks came during a hearing on petitions challenging the Election Act Amendment Ordinance, where the Chief Justice interrogated the Election Commission’s rationale for the reshuffle.
“Are you setting a new precedent for transfers?” Chief Justice Farooq demanded of the Election Commission’s legal counsel. “Prove bias or face contempt proceedings,” he warned, questioning the legality of the tribunal reshuffling without due process.
The proceedings also saw Advocate Shoaib Shaheen announcing plans to challenge the Election Commission’s decision amid reports of retired judge Justice Shakur Pracha’s appointment to a tribunal.
Amidst the legal showdown, the Chief Justice raised significant questions about the timing and procedure of the Election Commission’s actions, demanding clarity on the legal basis for their decisions.
The courtroom drama unfolded as tensions mounted over the Election Commission’s handling of tribunal appointments, underscoring ongoing legal challenges and political implications ahead of upcoming elections.
