LHC refers petitions against Punjab Defamation Act to chief justice after objection

LAHORE: The Lahore High Court on Monday sent a group of petitions challenging the Punjab Defamation Act 2024 to the court’s chief justice after the Punjab government’s lawyer raised an objection during the hearing.

The matter was being heard by Justice Anwaar Hussain, who referred the case to the chief justice for a decision on which bench should take it up.

The petitions contest the Punjab Defamation Act 2024, a law passed in June 2024. The Punjab government had said at the time that the legislation was needed to guard against false and defamatory claims in print, electronic and social media targeting public officials.

Following the law’s enactment, over a dozen petitions were moved by journalists, lawyers, members of civil society and political parties seeking to have it challenged before the court.

The Human Rights Commission of Pakistan had described the law as a threat to free expression and media freedom in Punjab, calling it a threat to freedom of speech and the press in Punjab.

Arguments before the court

According to the proceedings outlined in court, the petitions were fixed for hearing last month before Justice Hussain after a delay of nearly two years, and arguments had been heard from both the petitioners and the provincial government’s side.

During earlier hearings, counsel for the petitioners argued that clauses in the law limit the ability of journalists and citizens to hold those in authority accountable and weaken democratic norms.

On Monday, advocate Asad Jamal, appearing for journalists Mansoor Ali Khan and Benazir Shah, was due to continue his submissions when the Punjab government’s counsel objected to the matter proceeding before the same bench.

The government’s lawyer argued that because the Defamation Act gives the Lahore High Court chief justice the authority to appoint tribunals, and because those tribunals had been notified in consultation with the chief justice, the case should be placed before her for the formation of a new bench.

Lawyer Rida Hosain opposed that request. She argued that a part-heard matter could not be shifted in the middle of proceedings. She further contended that because both the law itself and the tribunals established under it by the Lahore High Court chief justice were under challenge, it would not be appropriate for the chief justice to hear the case.

After a short break in the proceedings, Justice Hussain ordered that the case be sent back to the Lahore High Court chief justice, who will now decide which bench will hear the petitions.

The petitions remain part of a broader legal challenge to the Punjab Defamation Act 2024, which has drawn opposition from journalists, legal practitioners, civil society representatives and political parties since its passage.