' In its issue, dated 28-11-1994, the Daily "Khabren" Islamabad published a news item making mention of "Ch. Muhammad Afzal Guest House" situate in F-7/1, Islamabad, amongst a number of other guest houses, running their business in a highly irregular and illegal way. Allegedly these guest houses were providing liquor and women liberally to their customers. Such immoral activities, it was added, were going 'on openly and the Police as also the C.D.A. Authorities were aware of all that, but for reasons best known to them, they had remained in state of inaction.
Actually they all appeared to have illegally been gratified by the owners and managements of these guest houses.
2. Ch. Muhammad Afzal has filed this writ petition, with a prayer that the S.S.P, Islamabad be directed to register a criminal case against Mr. Zia Shahid, Editor/Publishers and Mr. Khushnood Ali Khan, Resident Editor, Daily Khabren. The Deputy Commissioner, Islamabad, it was further prayed, be also directed to cancel/withdraw the declaration of the newspaper. It is averred by the petitioner that he is a respectable citizen, having been engaged in lawful pursuits, in earning his livelihood, has no associations with the outlaws, and is an elderly person, having noble antecedents. It is submitted that young daughters and sons studying in schools and colleges have been confronted with a painful situation, as their class-fellows have almost boycotted them, on reading the news item in question, their father having been painted in dirtiest possible colours by the said newspaper, although this is all absurd, the allegations being wholly imaginary and concocted, besides being mala fide, malicious and malignant. Most probably the purpose of the Resident Editor is to black mail affluent people with a view, to extort money from them, and to keep them under constant pressure, so that on becoming scare of their vilification and defamation, humiliation and insult, they start entreating him to come to terms with them. Object ostensibly is to create sensation by exposing in an unscrupulous and devilish manner the private life of the people mentioned in the news item and "cash the price" for nuisance value of the newspaper. All this has been done, according to the learned counsel for the petitioner, for no pious purpose and for no public good. The news item found prominent display in the Daily and was calculated to advance selfish ends and serve ulterior considerations.
3. The petitioner was very bitter about the damage done to his good name, his family life and his social status, as also his business reputation, and said that he would prefer being shot dead, rather than being maligned in the monstrous manner it has been done. He drew the attention of the Court to the fact that whereas names of all other guest houses found express mention in the newspaper, the so-called guest house, running of which was attributed to him, was named after his name, as "Ch. Muhammad Afzal Guest House". It was maintained that this "lapse" would show that the correspondent or the editor had certain pre-conceived notions about him and had hit upon a device to drag him into the array of those, who according to him, were undesirable elements, operating an unlawful and immoral business for amassing wealth.
' Mr. Zia Shahid and Mr. Khushnood Ali, as per process-server's report, have refused service, and service upon them has been effected through citation, published in the Daily, "Nawa-i-Waqt", Rawalpindi dated 7-12-1994. They have opted to remain absent. Others namely, the D.C. Islamabad, S.S.P. Islamabad and the Chairman, C.DA., Islamabad have put in appearance, through representatives/counsel, and they have also furnished comments. C.D.A. Says that a guest house, in the name and style "The Lords Guest House" is being run by the petitioner in House No,11-H, Street No,29, F-7/1, Islamabad, which is a residential area, and this act is against the terms and conditions of the allotment agreement and it also amounts to creating a public nuisance. It is, however, conceded that so far no notice has been served on the petitioner and he has not been called upon to stop the alleged activity.
4. Learned counsel for the C.DA. Says that on authority he states in Court that so far as the immoral activities ascribed to Mr. Muhammad Afzal are concerned, Authorities of the C.DA. Have been in receipt of no complaint against him. Ch. Muhammad Afzal petitioner, who is in attendance, has readily admitted that the property does not belong to his wife, to whom he had transferred it by way of gift, but it is on rent with Wing Commander Muhammad Ismail Khan, who is living therein, and if at all he pursues a hotel activity over there, he (the petitioner) has no concern with it. It is maintained that the C.DA. Has absolutely no liaison with the proprietor of the guest house, if any, being run in the premises. It is refuted that the C.D.A. Is to blame for encouragement of such immoral and unlawful activities.
5. The S.S.P., Islamabad has frankly conceded that there is no guest house styled as "Ch. Muhammad Afzal Guest House", and the petitioner has never been found to have involvement in any immoral or nefarious activities of the kind alleged in the news item. Anything adverse to the petitioner has never come to the knowledge of the police, it is added, According to the District Magistrate, he has no role in the publication of impugned news item and no action, on his behalf, against publisher/printer/editor of the newspaper is warranted. It is pointed out that under section 22/23 of the Registration of Printing Press and Publications Ordinance, 1990, copies of the newspaper, containing objectionable material, may well be forfeited.
6. This being the factual and legal position, the editor and resident editor of the Daily, having not turned up, to controvert the assertions made by the writ petitioner, he seems to have a genuine as also a formidable cause of grouse against respondents Nos.3 and 4, against whom he may proceed in accordance with law, on civil as well as criminal plane. He may lodge a complaint with the S.S.P. Or the S.H.O. Concerned; and the latter would be under a legal obligation to register a criminal case against the delinquents, if on the basis of information laid before him commission of a cognizable offence is made out. The petitioner says that he has unsuccessfully approached the S.S.P. And S.H.O. In the matter. Alternative open to him is to file a private complaint against those at fault. In view of what the petitioner calls nuisance value of the newspaper and the vast influence that respondents Nos.3 and 4, otherwise command, I would direct that such complaint, as and when filed, shall be entertained by the learned Sessions Judge, Islamabad, who will personally hear/try it and dispose it of within a period of two months. There is another remedy open to petitioner on civil side. He may bring a civil action for damages. A newspaper does not have a licence to vilify a law-abiding family. The two remedies may be pursued simultaneously. As regard cancellation of the declaration of the newspaper, the petitioner may approach the concerned Authorities of the Ministry of Information, as also the learned District Magistrate, Islamabad. Since without factual enquiry, it cannot, with certainty, be said whether or not there is real truth in the insinuations publicized by the Daily, and such factual enquiry cannot be undertaken by this Court, in exercise of its writ jurisdiction. I would not like to make any specific order in that behalf.
' These observations and directions seem to satisfy the petitioner, who does not want to pursue the petition further, and same is disposed of accordingly.