SHILA SAMUAL vs Dr. Syed SHAUKAT ALI SHAH and others
This petition for leave to appeal arises from orders of the Lahore High Court upholding the dismissal of a criminal complaint filed by the petitioner, a nurse, against the Medical Superintendent of a hospital under section 500 of the Pakistan Penal Code 1860 for alleged defamatory remarks contained in an official inquiry report. The core legal question was whether the respondent's official remarks regarding the petitioner's conduct were protected as privileged communication under the Exceptions to section 499 of the Pakistan Penal Code 1860. The Supreme Court held that the remarks were duly covered by the Seventh Exception to section 499 and that the petitioner failed to establish any mala fides or bias, additionally noting that the underlying writ petition and review petition before the High Court were barred by time and incompetent. The petition was accordingly dismissed, affirming that official communications made in the line of duty regarding a subordinate's conduct, absent substantiated bias or ulterior motives, attract the protection of judicial exceptions against defamation.
- Whether official remarks made by a superior officer in an inquiry report regarding a subordinate's conduct are protected under the Exceptions to section 499 of the Pakistan Penal Code 1860?
- Can a criminal complaint for defamation proceed when the impugned remarks are covered by the privileged exceptions of section 499 of the Pakistan Penal Code 1860?
- Whether a petition for leave to appeal is maintainable against a time-barred and incompetent writ petition dismissed by the High Court?
- Section 500, Pakistan Penal Code 1860
- Section 499, Pakistan Penal Code 1860
ORDER
1. ' JAVID IQBAL, J.--This petition for leave is directed against orders of the Lahore High Court, Lahore, dated 24th May, 1983 and 4th December, 1982 passed against the petitioner's review petition and writ petition.
2. ' The brief facts are that the petitioner was working as a nurse at the Allama Iqbal Memorial Hospital, Sialkot. Respondent No,1 was posted as Medical Superintendent of the said hospital. On an inquiry made about the conduct of the petitioner he is stated to have sent a report to the Deputy Director Health Services commenting on her conduct etc. The petitioner came to know about this report whereupon she filed a complaint under section 500, P.P.C. Against him alleging that his remarks were defamatory, mala fide and unfounded. However the Magistrate dismissed the complaint on the ground that the said remarks were privileged and were covered by the Seventh Exception to section 499, P.P.C. The criminal revision of the petitioner was dismissed by the Sessions Judge. Thereafter her writ petition was also dismissed by a learned Single Judge of the Lahore High Court, Lahore. Then she filed a review petition which was likewise dismissed. Hence the present petition.
3. ' Learned counsel for the petitioner attempted to argue before us that the case of respondent No,1 was not covered by any of the Exceptions to section 499, P.P.C. As the remarks were biased against the petitioner and defamatory comments had been made by him against her for an ulterior motive. This argument has been considered by the learned Single Judge while dismissing the review petition. The petitoner did not set out any such facts in her complaint which indicated that respondent No,1 had any reason to be biased against her or to have made defamatory remarks for an ulterior motive. Furthermore it is also evident from the record that the main petition in this case filed by the petitioner was time-barred and in fact the review was also not competent.
4. ' In that view of the matter we do not find any substance in this petition which is accordingly dismissed.