KARACHI, April 9: Justice Mohammad Moosa K. Leghari of the Sindh High Court on Wednesday decreed a newspaper a sum of Rs300,000 on a suit filed by Ms Nasreen Pervaiz against the newspaper’s publisher and a reporter.

The plaintiff, who appeared in person, submitted that she was a public servant, in Grade-19 in the Social Welfare and Women Development Department, Sindh.

She stated that a news item published in the daily Jang on Sept 16/17, 1999 against her was baseless, misreported by the newspaper’s reporter and owing to such report it defamed her.

She stated that she sent the defendants a legal notice on publishing the news, but they did not publish its contradiction as demanded.

She challenged the news item against her and filed a suit against the defendants for Rs10 million.

Five points were raised by the court during the hearing of the suit (1) whether the news item was published on 16/17 September 1999 in daily Jang in good faith and without any malicious intentions? (2) whether the alleged incident of levelling allegation against the plaintiff did not even take place in the meeting? (3) whether the editor and the publisher edited and published incorrect, baseless news item against the plaintiff relying on baseless reporting provided by its reporter? (4) whether in spite of recovering legal notice the defendants failed to contradict the said news item and further failed to tender an apology to the plaintiff? and (5) whether the news item appeared in the newspaper was defamatory and caused damage to the extent of Rs10 million?

The court appointed Zakir Hussain Mirza, advocate and retired additional and sessions judge, to record the evidence of witnesses, and its report was placed before the court on Dec 23, 2002.

The court held that it was quite clear that the publication of the news item was made with malicious intentions and ulterior motives.

“Looking to the fact and circumstances of case and evidences available on record, I am of view that plaintiff is entitled to damages to tune of Rs300,000 to which defendants are jointly, severally liable and plaintiff is entitled to cost of suit.” — PPI