Justice Anwaar Hussain of the Lahore High Court on Monday referred a set of petitions challenging the Punjab Defamation Act 2024 to the chief justice of the court, following an objection raised by the provincial government’s counsel during proceedings.
The petitions challenge the legislation passed in June 2024, which the Punjab government said was necessary to protect against “false and defamatory claims” in print, electronic and social media against public officials.
Soon after its passage, more than a dozen petitions were filed by journalists, lawyers, civil society members and political parties challenging the law.
The Human Rights Commission of Pakistan (HRCP) described the legislation as a “threat to freedom of speech and the press in Punjab”.
After a delay of nearly two years, the petitions were fixed for hearing last month before Justice Hussain, where arguments were heard from both government counsel and the petitioners.
During earlier proceedings, lawyers for the petitioners argued that provisions of the law restrict journalists and individuals from holding those in power accountable and undermine democratic principles.
On Monday, lawyer Asad Jamal, representing journalists Mansoor Ali Khan and Benazir Shah, was scheduled to continue his arguments when the Punjab government’s counsel objected, arguing that since the Defamation Act grants the LHC chief justice powers to appoint tribunals, and such tribunals had been notified in consultation with the CJ, the matter should be referred to her for the constitution of a new bench.
Lawyer Rida Hosain opposed the move, arguing that a part-heard case cannot be transferred mid-proceedings. She also said that since both the law and the tribunals set up under it by the LHC CJ are being challenged, it would not be appropriate for the chief justice to hear the case.
After a brief recess, Justice Hussain ruled that the case be sent back to the LHC chief justice to determine which bench will hear the matter.
