Lahore High Court Suspends Key Sections of Punjab Defamation Act 2024 Pending Final Decision

he Lahore High Court has temporarily suspended the implementation of three key sections of the Punjab Defamation Act 2024, pending a final court decision.
Justice Amjad Rafiq presided over the hearing of a petition filed by Advocate Nadeem Sarwar challenging the Punjab Defamation Act 2024. The petitioner's lawyer argued that the act undermines judicial independence and stifles freedom of expression. Under the act, the Chief Justice can propose three judges for a tribunal, but the government can reject these names and request new ones.
Advocate Nadeem Sarwar contended that the Chief Justice's recommendations must be upheld without government interference. He emphasized that the Punjab government suggesting judges for the tribunal, with the Chief Justice selecting one from those names, compromises judicial independence.
Justice Amjad Rafiq noted that tribunals typically operate under government directives, citing examples like the service and banking tribunals, which raises concerns about judicial independence.
The court questioned how the law infringes on freedom of expression and basic human rights. Advocate Sarwar responded that the act allows proceedings to commence without evidence, and imposes a fine of 3 million rupees on the accused before a verdict is reached, which he argued is unjust.
Justice Rafiq acknowledged the necessity of such measures for swift justice but also highlighted that government rejection of judicial recommendations is problematic. He emphasized that government objections to judicial nominees should not be based on personal preferences.
In response, the government lawyer noted recent consultations between the government and the Lahore High Court regarding judge appointments in special courts.
The court has issued notices to the Attorney General and Advocate General Punjab for their input and has made the implementation of Sections 3, 5, and 8 of the defamation law contingent upon the court's final decision. The Lahore High Court has also requested responses from the Punjab government and other stakeholders, adjourning the case for further hearing.