NASEER ALI SHAH Versus ABDUL GHANI

A pamphlet Exh.P-1 containing some remarks about the respondent which were considered by him as totally baseless and defamatory, gave rise to a suit for recovery of damages of Rs.24000 filed A by him. After trial the suit was initially decreed for a sum of Rs.10,000 vide judgment dated 18-9-1996 which judgment was appealed against by both the parties. Resultantly the Appellate Court remanded the matter to the trial Court on 22-3-2000. On remand the trial Court dismissed the suit vide judgment and decree dated 19-5-2001. The respondent preferred an appeal there against which was accepted by the learned Additional District Judge on 1-7-2002 and the suit was decreed in favour of respondent fort the suit amount. This is revision petition there against.

2. The learned counsel for the parties have been heard and material on the record considered with their assistance.

3. The script circulated on letter-head of 'Anjuman-e-Shahrian' which was made basis for suit was not denied by the petitioner. Indeed the relevant portion of paragraph 4 of the written statement reads like this:-

It was thus for the petitioner/defendant to prove the correctness I and verity of his allegations, as aspersion like are per se defamatory as to the person, character and reputation or respondent/plaintiff. No cogent and convincing evidence was produced-by the petitioner/defendant to justify such remarks except the assertion that the respondent/plaintiff who is a poet also had been writing poems some of which were considered by the petitioner/defendant as derogatory to him. The perusal of the poems brought on record do not indeed give any such impression as is being sought to be adumbrated by him. In any case, if he thought otherwise he could availe the remedy qua the same instead of handing-out such a defamatory pamphlet/poster about the respondent/plaintiff. On perusal of the preponderance of the evidence, the learned Appellate Court has come to the conclusion that there was no basis for leveling such allegations against the respondent/plaintiff, and. the suit has thus been decreed. There hardly any scope or justification to take any different view of the matter in the presence of the evidence that has come on the record.

4. The matter of quantum of damages however, has been dilated upon by the learned counsel for the parties. Suffice it to observe that dignity, honor and reputation of a person is most valuable asset, one may possess and enjoy. Indeed, it is not measurable or calculable in terms of money. Article 14 of the Constitution of Islamic Republic of Pakistan, 1973 ordains that the dignity of man shall be inviolable. Such a right which is regarded by the Constitution as fundamental, cannot be allowed to be infringed or trampled. On consideration of the matter, I am inclined to hold that awarding an amount of Rs.15,000 would, even vindicate and serve the ends of justice.

In view of the above, this revision petition is dismissed with the modification in the quantum of decretal amount that the decree for damages will be for Rs.15,000 only. No order as to costs.

H.B.T./N-357/L Revision petition dismissed.