Defamation case against ChitralToday. Defamation case in Chitral

Defamation case against ChitralToday

CHITRAL, Aug 21, 2022: The Additional District and Sessions Court of Lower Chitral a year ago dismissed a long-standing defamation case filed against ChitralToday by Zohran Shah, a former official of the Aga Khan Education Service (AKES), after the publication presented documentary evidence proving that Shah was dismissed for corruption.

The defamation suit arose from a March 2014 report by ChitralToday, which covered a public protest in Mastuj. Protesters alleged that Shah had been sacked in 2009 for corruption but was still interfering in AKES affairs, contributing to the closure of two community schools in their areas. In response, Shah filed a defamation case seeking Rs10 million in damages, claiming that he had resigned voluntarily and that the publication had defamed him.

Initially, in 2016, the court issued an ex parte decree in Shah’s favor after he provided incorrect addresses for the defendants, causing court notices to go undelivered. However, ChitralToday successfully challenged the decision in 2017, and the court formally set aside the decree in 2019, reopening the case.

During the subsequent hearings, Shah submitted a handwritten resignation letter as evidence of his claim. The defense, however, argued that the letter was fabricated and countered with official documents from the AKES head office in Karachi, confirming that Shah had been dismissed on September 29, 2009, for misusing organizational resources.

The court was also informed that Shah had previously filed a writ petition in the Peshawar High Court’s Mingora bench seeking reinstatement, which was dismissed in 2012 – further undermining his claim of a voluntary resignation.

In his ruling, Additional District and Sessions Judge Muhammad Qasim stated that Shah had failed to provide credible evidence to support his defamation claim. He further noted that the publication had acted responsibly and in the public interest by reporting on a matter involving community concerns and accountability.

“This is not only a victory for ChitralToday but a significant moment for independent journalism and the right to report on issues of public importance,” said Zar Alam Khan, editor of ChitralToday. “We stood firm for over seven years because we believed in the truth and the public’s right to know.”

As a direct consequence of ChitralToday’s successful defense, Shah also lost a similar defamation case he had filed in the same court against a social media activist from Garam Chashma. The activist had shared allegations similar to those published by ChitralToday on his Facebook page.

Legal experts say the ruling reinforces the principle that defamation claims must be substantiated with clear evidence, especially when they target media outlets engaged in public interest reporting.

In a broader context, the case highlights the challenges faced by independent journalists in Pakistan, particularly in remote regions, where reporting on powerful individuals often leads to legal intimidation. According to the International Federation of Journalists (IFJ), Pakistan remains one of the most dangerous countries for journalists, with frequent reports of harassment, threats, and lawsuits used as tools to silence the press.

Press freedom advocates hailed the verdict as a rare win in a country where prolonged litigation can often wear down small media outlets.

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