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20 August 2004 Friday 03 Rajab 1425


Muslim Matrimonial
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NA passes defamation bill amid objections: Disputed clause omitted

By Raja Asghar


ISLAMABAD, Aug 19: Rejecting opposition's objections, the ruling coalition on Thursday passed a defamation bill designed mainly to protect public figures from slander by enhanced punishment and speedier trial.

Prime Minister Chaudhry Shujaat Hussain was present in the National Assembly to oversee the passage of the Defamation (Amendment) Bill that he had vowed to bring at the outset of his brief tenure in office in June.

Thursday's vote on the bill came after an abortive move by opposition parties to delay it, forcing an adjournment of the house for lack of quorum following a walkout to protest against Speaker Chaudhry Amir Hussain's indecision about admitting their privilege and adjournment motions.

The ruling coalition rejected a motion by the Muttahida Majlis-i-Amal to refer the bill to the Council of Islamic Ideology to determine whether it was in accord with Quran and Sunnah and one by the People's Party Parliamentarians to circulate it for eliciting public opinion until September 30.

The prime minister intervened in a brief debate after the opposition parties ended their walkout to say that there was no need to refer the bill to the CII because nobody could deny that Islam disallowed falsehood and slander that the law sought to check.

The Minister of State for Parliamentary Affairs, Mohammad Raza Hayat Hiraj, rejected the opposition's argument that the new law was unnecessary in the presence of existing laws on defamation and the fears voiced by some critics that it would be used to gag the press and shield government functionaries from criticism of their wrong doings. He called it an 'efficacious remedy' against slander.

A statement of objects and reasons accompanying the bill complained of a "general tendency to scandalize and defame others, including public figures" to injure their reputation "either for ulterior motives or through irresponsible conduct.

"The amendment is aimed at curbing this menace," it said. Journalists and newspaper establishments had protested against a clause in the original bill which said that "in the case of libel, the publisher, editor, reporter and the distributor shall be severally and jointly liable for an action for defamation". On a directive from the prime minister, that clause was omitted before the bill was presented before the house in its final shape.

But opposition members said they still feared the law would serve as the sword of Damocles for the press and criticized enhanced punishments, including imprisonment of up to five years. An 'originator', or the initiator of a defamatory imputation, would be liable to a minimum compensatory damage of Rs300,000 and a minimum fine of Rs100,000.

The bill deprives the accused of one right of appeal by giving trial jurisdiction to district courts - which must decide a case within 90 days instead of six months - by eliminating the role of judicial magistrates.

OPPOSITION PROTESTS: Earlier, the entire opposition walked out of the house in protest after the speaker reserved his rulings on two privilege motions tabled by the MMA and as many adjournment motions by the PPP.

The MMA complained of breach of the privilege of its members by a reported statement by Interior Minister Faisal Saleh Hayat accusing the MMA and the Jamaat-i-Islami of links with terror suspects.

The minister denied there was any breach of privilege of any member of the house and stood by his statement as he cited some reported arrests of terror suspects from the houses of MMA followers.

The PPP adjournment motions sought a debate about the killings of four party workers in Aug 16 shooting in Attock district during the campaign for the Aug 18 by-election. Mr Hiraj denied the PPP charge that the shooting was connected with the election and informed the house that the accused had been arrested and justice would be done. The house was adjourned until 5.30pm on Friday.




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