Asad Ali Toor vs Axact Private Limited S — 2024 PCrLJ 1526 KARACHI-HIGH-COURT-SINDH

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Asad Ali Toor VS Axact Private Limited S. 561-a---Penal Code (XLV of 1860), Ss. 499, 500, 502-a & 505---Defamation---Private complaint---Quashmeat of proceedings---Petitioner uploaded a video on his YouTube channel, which two employees working for respondent company claimed defamed the company---Respondent company filed a private complaint against the petitioner and the Trial Court registered the complaint---Validity---If respondent company was aggrieved then why did it not act, as required under the companies legislation, to initiate criminal proceedings---No resolution passed by the company in its general body or Board of Directors was on record or was ever obtained---How did the two persons, who had filed the complaint, claim that they were aggrieved by the alleged defamation when they were in essence some unknown employees of a subsidiary, of respondent company---Why was a criminal complaint being filed in city "K", even though the law allowed the same to be filed, however it would have been more convenient for both parties to litigate in city "I"---Court should have considered the said basics, at the very least, before taking cognizance of a criminal complaint that was a challenge to the fundamental right of freedom of speech---Initiation of unnecessary litigation causes massive burden and inconvenience to the parties involved and further burdens an already struggling criminal justice system---Both the parties in their own ways had contributed extensively towards defending the right of freedom of expression and speech in the country---When persons of such profile and large admiration base come into conflict for minor, insignificant reasons, it no doubt causes a negative impact on the right of freedom of expression---It seemed that present case was more a case of conflict of egos than real criminal harm---Hopefully parties will be in a position to resolve such disputes through mediation---Complaint was vague from which it seemed that respondent company itself had given an interpretation to claim that what petitioner said was regarding them---Two unknown employees of a subsidiary company of respondent claimed to be aggrieved; respondent, itself did not initiate any complaint for defamation to it; no authorization was available from respondent to the two employees to initiate action; and most importantly the right of freedom of expression was being attacked on a flimsy ground---In such circumstances, it would be appropriate to quash the proceeding arising out of the complaint filed by respondent---Proceedings were quashed accordingly.

Asad Ali Toor vs Axact Private Limited S — 2024 PCrLJ 1526 KARACHI-HIGH-COURT-SINDH

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