LAHORE: The Lahore High Court has dismissed a civil revision of singer Meesha Shafi seeking suspension of the proceedings in a defamation suit against her by singer-actor Ali Zafar till decision of a FIR registered against her and her witnesses on alleged violation of cybercrime laws.
Justice Chaudhry Masood Jahangir in his verdict observes that the suit against the petitioner was instituted more than two years ago, which requires to be decided on its own merit and any finding or conclusion drawn in a criminal case cannot affect its results.
He notes that it is well settled by now that criminal as well as civil proceedings can run side by side and even the judgement of one court would have no binding force upon the other. The mere apprehension that continuation of parallel proceedings will adversely prejudice the defence of the petitioner does not operate as a bar to award claimed itself.
The judge remarks, “The scope and spirit of civil litigation is to enforce civil rights of the parties so involved, whereas the purpose behind the criminal proceedings is to punish the offender for the alleged offence, if proved.”
He notes that statements of some of the petitioner’s witnesses in the suit have already been recorded. Therefore, the contention of the petitioner’s counsel that due to the criminal case, her witnesses are under threat and reluctant to appear in the witness box is no ground to entertain a request for stay of proceedings.
Says any finding or conclusion drawn in a criminal case cannot affect proceedings
Dismissing the civil revision, the judge also observed that the trial was perfect in dismissing an application by the petitioner for staying the suit’s proceedings.
Additional District and Sessions Judge Yasar Hayat is set to resume hearing of the defamation suit on Nov 7 for evidence of Shafi.
APPROVER: The former general manager (GM of the Punjab Mineral Development Corporation, Manzar Hayat, has become an approver against former Punjab Minister for Forestry, Wildlife and Fisheries Sibtain Khan in connection with investigation of the National Accountability Bureau (NAB) in a case of illegal award of contracts.
NAB Lahore on Thursday got Mr Hayat’s statement recorded before a judicial magistrate in which he became an approver against Sibtain Khan who was on bail.
He said a former secretary mines acted as the frontman of the minister while friends of the secretary got all lucrative contracts. He alleged that corruption money was used on the election campaign of the minister.
NAB is preparing a reference against Sibtain Khan.
According to NAB, Mr Khan as the Punjab minister for mines and minerals in July 2007 had been involved in the illegal award of a multi-billion rupee contract for 500 metric tonnes of iron ore in Rajwah and Chiniot to a company of his choice, called Earth Resource Pvt Ltd.
The contract, it said, deviated from existing laws and it was awarded to the company through connivance with other suspects. The company was awarded the contract despite not having previous experiencing in mining while no other company was considered during the bidding process for the contract, NAB added.
Published in Dawn, November 6th, 2020
