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Criminal Original Miscellaneous No.4 of 1987, decided on 13th July, 1987.

---S.3--Contempt proceedings--Despite prohibitory orders of Court, libellous and defamatory articles being published against applicant- Separate remedy before a Criminal Court, held, was available to applicant and matter would not really fall within at bit of contempt laws.

---S.3--Civil Procedure Code (V of 1908). O.XXXIX, Rr.1 & 2(3)- Contempt proceedings-- Civil suit pending for disposal before High Court and despite prohibitory order respondents publishing libellous imputations and defamatory statements against applicant and his family--Prohibitory order having been passed on application under O.XXXIX, Rr.1 & 2(3), C.P.C. remedy open to applicant, held, being to file a contempt application under O.XXXIX, Rr.1 & 2(3), C . P . C . , in that suit and not by way of separate application under Contempt of Court Act.

M/s. Muhammad Bashir v. Pakistan International Airlines Corporation and another 1985 C L C 178 ref.

Mazharuddin Siddiqui for Applicant.

This is an application under section 3 of the Contempt of Court Act 1976 read with Article 204 of the Constitution of Islamic Republic of Pakistan, 1973.

The brief facts giving rise to the present application are that the applicant namely Javed-ur-Rahman son of Mir Khalil-ur-Rahman is the Executive of the Independent Newspaper Corporation (Pvt) Ltd., Karachi, the proprietor of the 'Daily Jang', Karachi, and other newspapers and periodicals of "Jang Group". He is also the Executive Editor of the "Daily Jang", Karachi, which is the largest circulated national newspaper of Pakistan.

The respondent No.1 is the Editor and Publisher of the "Daily Amn", Karachi, and the respondent No.2 is the Printer of the said Newspaper. According to the allegations in the application, once upon a time, the respondent No. 1 was employed in the establishment of the Daily Jang , Karachi, as News Editor and was dismissed from service with effect from 15-5-1970 on the charges of misconduct. After his dismissal from service, the respondent No. l started publishing his own daily newspaper namely "Amn", Karachi. It was further alleged in the application that due to grudge which he had with the "Daily Jang", Karachi, and its management, he started printing and publishing the following slogan on the title of the "Daily Amn" (sic).

It was further alleged that out of malice, the respondent No.1 formed a habit of making, printing and publishing in the "Daily Amn", Karachi, libelous imputations, stories, matters, and defamatory statements against the applicant, his father Mir Khalil-ur- Rahman, brother Mir Shakeel-ur-Rahman and his establishment from time to time. The respondent No.2 who is the Printer of the "Daily Amn", Karachi, never took care to see that the matters sent to him by the respondent No.1 for printing were highly defamatory and objectionable. Several civil and criminal cases were filed against the respondents by the applicant and his father Mr. Mir Khalil-ur-Rahman in the High Court by way of civil suits, as well as complaints in the Courts of Magistrates, but all of them were compromised on tendering apology by the respondents or on giving undertaking for future. In spite of undertaking given by the respondents in compromise decree passed by this Court in Suit No.529/79 on 30-8-1980 the respondents again printed and published false and defamatory news item against the applicant in their newspaper dated 4-9-1981, and aggrieved by the same, the applicant filed Civil Suit No.691/81 in this Court which is still pending for disposal. Alongwith the suit a stay application was filed which came up for hearing before my learned brother Saleem Akhtar J. on which a preventive order was passed on 20-12-1981 restraining the respondents from making, printing, publishing and circulating libelous imputations, defamatory statements, stories, and matters against the applicant, his family and establishment in their newspaper. A certified copy of the order has been produced as Annexure 'A' which reads as under:--

"The learned counsel for the defendants Nos.1 and 3 and also holding brief for advocate for defendant No.2 has no objection to the grant of this application.

The defendants are restrained from making, printing, publishing and circulating libelous imputation and defamatory statements, stories and matters against the plaintiff, his family and establishment in their newspaper "Daily Amn," till the final disposal of this case."

According to the allegations in the present application, in spite of the above prohibitory order passed by this Court, the respondents have been publishing libelous imputation and defamatory statements against the applicant and his father Mr. Mir Khalil-ur- Rahman, and have thus violated the above order of the High Court and committed gross contempt of Court.

I have heard Mr. Mazharuddin Siddiqui for the applicant and have gone through the documents produced alongwith the main application. It has been contended by Mr. Mazharuddin Siddiqui that the respondents have disobeyed and disregarded the order of this Court dated 20-12-1981 and thereby committed contempt of Court. So far the documents produced with the application are concerned, the contention of the learned counsel was that the same were defamatory and were published in order to harm the applicant, his brother and father. There is no doubt that there is an order of this Court in Suit No.691/81 passed by my learned brother Saleem Akhtar, J., on 20-12-1981 by which the respondents were restrained from making, printing, publishing and circulating libelous imputation and defamatory statements, stories and matters against the (Plaintiff) applicant, his family and establishment in their newspaper "Daily Amn" till the final disposal of that case which is still pending. The order was passed on an application under Order XXXIX and rules 1 and 2, C.P.C. and in my considered view the remedy open to the applicant is to file a contempt application in that suit under Order XXXIX, Rules 1, 2(3) Cr.P.C. and not a separate application as- has been done by the present applicant. In this connection, I would like to refer to a case of M/s. Mohammad Bashir v. Pakistan International Airlines Corporation and another 1985 C L C 178 in which a Division Bench of this Court held that: --

"In view of the fact that prohibitory order was issued in a civil suit, let the procedure laid down in the Code of Civil Procedure take its own course.-

I am of the considered view that the question regarding publication of defamatory articles, or the statement made by Muhajir Qaumi Movement's leaders, the applicant can seek a separate remedy before a Criminal Court, and it really does not come within the ambit of Contempt Laws.

No other point was raised by the learned Advocate appearing for the applicant and in view of the above discussion the applicant has failed to make out any case for taking action against the respondents for breach of injunction order, and therefore, the present application is dismissed in limine.

S . A . /J-25/ K Petition dismissed.

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