MUNAWAR AHMED, CHIEF EDITOR DAILY SAMA vs MUHAMMAD ASHRAF S — 2021 PLD 564 SUPREME-COURT

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MUNAWAR AHMED, CHIEF EDITOR DAILY SAMA VS MUHAMMAD ASHRAF S. 9---General damages, award of---Scope---Mental torture---Burden of proof---General damages normally pertained to mental torture and agony sustained through derogatory/defamatory statements---Since there was no yardstick to gauge such damages in monetary terms, therefore, while assessing damages on account of such inconvenience, the Courts applied a rule of thumb by exercising its inherent jurisdiction for granting general damages on a case to case basis---Once it was determined that a person had suffered mental shock and injury and was entitled to compensation on account of such defamatory statement, then the other important and more difficult question which arose was to weigh the quantum of damages for such loss caused to him by such wrongful act---Burden in such situation, like in all cases, was on the shoulder of the plaintiff to prove the magnitude of such suffering---But again since such suffering could not be converted or gauged in monetary terms and, therefore, the Court had to apply rule of thumb---Other aspect which needed to be kept in mind by the Courts while awarding general damages on account of mental torture/nervous shock was that damages for such suffering were purely compensatory to vindicate the honour or esteem of the sufferer, therefore such damages should not be exemplary or punitive as the sufferer should not be allowed to make profit of his reputation. Citation Name: 2021 PLD 564 SUPREME-COURTBookmark this Case MUNAWAR AHMED, CHIEF EDITOR DAILY SAMA VS MUHAMMAD ASHRAF S. 9---Special damages, award of---Scope---Special damages were defined as the actual but not necessarily the result of the injury complained of---While awarding special damages, it was to be kept in mind that the person claiming special damages had to prove each item of loss with reference to the evidence brought on record; this may also include out-of-pocket expenses and loss of earnings incurred down to the date of trial, and was generally capable of substantially exact calculation. Citation Name: 2021 PLD 564 SUPREME-COURTBookmark this Case MUNAWAR AHMED, CHIEF EDITOR DAILY SAMA VS MUHAMMAD ASHRAF O. IX, R.6(1)(a)---Ex-parte decree against the defendants---Scope---Even in case where the defendants were declared ex parte, though the Courts were empowered to pass ex-parte decree, but such discretionary power must be exercised judicially---In cases where the defendants were declared ex-parte, Courts were not supposed to only pass ex-parte decree in favour of the plaintiff by assessing his claim in toto, but were saddled with the duty to examine the worth/credence of each piece/item of plaintiff's claim before accepting or rejecting it. Citation Name: 2021 PLD 564 SUPREME-COURTBookmark this Case MUNAWAR AHMED, CHIEF EDITOR DAILY SAMA VS MUHAMMAD ASHRAF Ss. 3 & 9---Defamatory news article---Damages, quantum of---Damages for 'bodily injury' and 'injury to career'---Proof---Plaintiff had undeniably proved that the defamation had occurred but the Court below had not independently applied its discretion in ascertaining damages---Courts below, in a mechanical fashion and without applying their judicial mind to assess the quantum of damages proceeded to decree the suit as prayed for---Plaintiff under the law was entitled not only to minimum damages in the sum of Rs.300,000/- but also an apology in the similar manner and with the same prominence as the defamatory statement was published---Supreme Court modified the decree and awarded monetary compensation of Rs.300,000/- to the plaintiff with the direction that the same shall be recovered jointly and severally from the defendants.

MUNAWAR AHMED, CHIEF EDITOR DAILY SAMA vs MUHAMMAD ASHRAF S — 2021 PLD 564 SUPREME-COURT

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