ISLAMAB AD: A district and sessions court in Islamabad has dismissed a defamation complaint filed by a property dealer against several individuals including a journalist, citing the constitutionally protected right to freedom of expression.

The complaint, filed under Section 500 of the Pakistan Penal Code (PPC), accused the respondents of portraying a real estate dealer, Imran Pervaiz, as having obtained a fraudulent court decree regarding a 122-kanal land deal.

It was reported on ongoing legal proceedings before the Islamabad High Court, where the legal heirs of the late Syed Shujat Naqvi were contesting a previous civil court ruling.

Mr Pervaiz argued that the news falsely suggested fraud and misrepresented a matter already decided in his favour by a lower court. He maintained that the report caused reputational and financial harm to him as he was a known figure in the real estate sector.

However, Additional District and Sessions Judge Dr Rasool Bukhsh Mirjat found that the content of the news report pertained to court proceedings and did not amount to criminal defamation. Citing established jurisprudence, including Ayesha Bibi vs Additional District Judge Lahore (2018 SCMR 791), the judgement emphasised the principle of judicial immunity and the absolute privilege attached to statements and documents related to ongoing judicial processes.

The court further clarified that the mere reporting of a legal petition — particularly one grounded in Section 12(2) CPC (seeking to set aside a judgement allegedly obtained by fraud) — cannot be construed as defamatory unless there is clear evidence of mala fide intent or falsehood.

Published in Dawn, April 20th, 2025