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MEERA SHAFI vs FEDERATION OF PAKISTAN Art — 2022 PLD 773 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 773 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
MEERA SHAFI vs FEDERATION OF PAKISTAN Art
Subject matter
Constitutional
Provisions referred to
S. 20---F; S. 20; Crimes Act (XL of 2016); Crimes Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MEERA SHAFI VS FEDERATION OF PAKISTAN Art. 19---prevention of electronic Crimes Act (XL of 2016), S. 20---Freedom of speech---Offences against dignity of a natural person---Scope---Petitioners attacked the constitutionality of S. 20 ofprevention of electronic Crimes Act, 2016, (PECA) on the ground that defamation is not among the restrictions imposed by the legislature in Art. 19 of the Constitution and does not have even a proximate connection with any of them---Petitioner also pointed out that the original Art. 19 (as it stood in the 1973 Constitution) included defamation in the list but it was omitted later on---Validity---Fundamental rights essentially afford protection against contraventions by the State and its instrumentalities---Wrong ofdefamation is not a public but a private wrong---Legislature is competent to make a law relating to defamation even under the amended Art. 19---Section 20 of prevention of electronic Crimes Act, 2016, may also be justified on the ground that defamation and libel may endanger public order and incite an offence-the interests expressly protected under Art. 19 of the Constitution---Parliament was competent to enact S. 20 of prevention of electronic Crimes Act, 2016.

Other judgments reported in 2022 PLD

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