Defamation Act challenged in LHC

Petition argues exemptions to constitutional officeholders .violate fundamental constitutional principles

LAHORE:

A petition has been filed in the Lahore High Court (LHC) challenging the Punjab Defamation Act 2024, questioning the legality and ethics of granting exemptions to constitutional officeholders.

The petition argued that these exemptions violate fundamental constitutional principles, such as equality before the law.

The petition, filed by journalists and civil society members Neelam Hussain, Farieha Aziz and Naziha Syed Ali, named the chief secretary, secretary law and parliamentary affairs and secretary home department as respondents.

The petitioners contend that the Act contravenes several fundamental rights guaranteed by the Constitution, including the right to fair trial (Article 10-A), equality before the law (Article 25), and freedom of speech (Article 19).

Specifically, the petition challenges Section 11(3) of the Act, which allows constitutional officeholders, such as the president, governor, chief justice, and prime minister, to file defamation claims through an authorised officer without appearing in court.

The petition argued that this provision prevents such officeholders from being cross-examined, creating an unfair legal advantage.