PLD 1990 Lahore 171 (PLP)

The news reports published in daily 'Qaumi Awaz' Multan, daily 'Nawai Multan' and daily 'Jang' Rawalpindi/Lahore, revealed that a Pakistani doctor was caught while impersonating for another in F.R.C.S. examination in Britain and the British Authorities had asked Pakistan Medical and Dental Council to cancel M.B.B.S. Degrees of both: one who impersonated and the other on whose behalf impersonation was done. The reports were editorialized upon in daily 'Jang' on 23‑9‑1989. The act of the two doctors was condemned as being "SHARAMNAK HARKAT". The newspapers gave excessive publicity to the reports of the alleged impersonation by Pakistani doctor and created lot of sensation out of this news. Daily 'Jang' editorialized upon the reports of the alleged impersonation highlighting its sensational aspect and also suggesting stern action against the two doctors. Thereafter it was reported in different newspapers that the charge of impersonation made in the said news against the doctors was false. Since the news reports of impersonation were/are detrimental to the honour, prestige and image of the nation as well as of the country and could entail disastrous consequences when students from Pakistan Medical fraternity may find the doors for their further pursuit in Britain are shut against them only because of the publication of this news and for the reason that the matter was so serious, inasmuch as, if it had happened in any other country then in all probabilities serious action could have been taken either against the persons guilty of A impersonation as also the author of the false report would have been visited with serious and stern actions. So, I in the public interest felt inclined to order preliminary investigation into the whole affair in exercise of the powers under the provisions of clause 22 of Letters Patent. To ensure that no investigation had already been initiated, Y summoned Secretary, Pakistan Medical and Dental Council, Islamabad. Mr.Hafiz Ullah Khan, Assistant Secretary Pakistan Medical and Dental Council, Islamabad appeared before me on 13‑12‑1989. He stated that the news reports regarding the incident of Pakistani doctor impersonating at the primary or final F.R.C.S. examination conducted in Britain, were false and had appeared in the press as a clearly calculated move to defame a senior member of the medical profession and that no investigation under the Criminal Procedure Code had been initiated in this matter. On this information, I was of the view that for further verification, Mir Shakeel‑ur‑Rchman, Resident Editor daily 'Jang' Lahore, Mir Eisar Rahi, Chief Editor Daily 'Qaumi Awaz' Multan and Mr.Khalil Bha(ti, Editor, daily 'Nawa‑i‑Multan' should be associated with these proceedings. So, I summoned them for today. Mr.Mashkoor Sabri, Advocate, has appeared for Mr.Eisar Rahi and Mr.Khalil Bhatti. Mr.M.Asad Ullah Siddiqi, Advocate has appeared on behalf of Mir Shakeel‑ur‑Rehman, expressing regrets from their clients. They frankly admitted that the news reports in question and editorial based thereon have been published on a false information given to the 'Nama Nigars' without ascertaining facts from the relevant quarters in Britain. They undertake to publish effective contradiction on the front page of the newspapers.

2. On my independent assessment of the material placed before me, I am fully convinced that the news items regarding the incident of a Pakistani doctor impersonating at the primary or final F.R.C.S, examination conducted in England are false, frivolous and mischievous besides carrying malicious overtones and undertones. it appears to be a stupid attempt undertaken in a stupid manner in order to malign a particular doctor and his son on account of professional jealousy without realizing the far‑reaching, damaging, disparaging and disastrous consequences, which may ensue from it to the good name and fame of the country, in general, and its medical profession, in particular. Since the news reports of the alleged incident could also damage the prestige and injure the image of the nation and the country as a whole and could create embarrassment for Pakistani medical students seeking admission in Britain, therefore, I feel that the news items should not have been allowed to be published in the newspapers without due care, caution and circumspection and without first ascertaining facts from the concerned quarter in Britain. The false reports published in newspaper can cause irretrievable and irreparable damage to the reputation and social status of a citizen and can bring bad name to the country. For this reason, it is necessary and desirable that journalists should be most watchful not to publish defamatory attacks upon individuals unless they first undertake responsible pains to ascertain that there are strong and cogent grounds for believing truthfulness of the. information which is sent to them. In the present case, both journalists and publishers have departed, derelicted and deviated from their duty thrust upon them by their vocation, namely, the Press, which is the Fourth Organ of the State in addition to the Judiciary, Legislature and Executive. Needless to say, the Printer, Publisher, Editor and Proprietor of a newspaper are as much responsible for a defamatory, damaging and disparaging news report published in their columns as if they were the original author and motivator. If the accusations are printed without making the slightest inquiry‑ as to whether the charges made could be proved, the publisher's plea that he had published what the Editor gave to him, would be weightless and worthless. In case of defamation, there is no special privilege of a journalist. No doubt, honest criticism ought to be made and is recognized in any civilized system of law as in dispensible both for publisher and citizen. However, doctrine of fair comment on matters of public interest is based on the hypothesis that the publication in question is one which broadly speaking is true in fact and should serve public interest. It goes without saying that the occasion of fair comment cannot be allowed to be used as a cloak for ventilating some personal vendetta against anyone because if this was allowed to be so, then fair comment would be relegated to the unfair ‑‑ nay, unlicensed ‑‑ comment. Since‑ the learned counsel for the Journalists in whose newspapers false accusations of impersonation against the two doctors were published have, adopted correct attitude in the Court and have given undertaking to contradict the news and editorial in question on the front page of their newspapers, therefore, I am refraining from proceeding further and have decided to drop further action. The contradiction of the alleged incident of impersonation in an effective manner shall be published in daily 'Nawa‑i‑Multan', daily 'Qaumi Awaz' ;and daily 'Jang'. Lahore/Rawalpindi/Kariichi, editions within 10 days. Copy of this order shall immediately be sent to Resident Editor daily 'Jang' Lahore, Editor daily, 'Nawa‑i‑Multan' and Editor daily 'Qaumi Awaz' Multan, for, compliance. M.BA./S‑620/L Order accordingly.