1990 C L C 1500

[Lahore]

Before Muhammad Munir Khan, J

THE STATE---Petitioner

versus

PAKISTAN MEDICAL & DENTAL COUNCIL, ISLAMABAD---Respondent

Suo Motu Civil Miscellaneous No.5642-C of 1989, decided on 2nd December, 1989.

(a) Letters Patent (1919)---

----Cl. 22---Suo Motu notice of a matter of national importance---News reports about impersonation
by one Pakistani Doctor for another one in an examination held in Britain, published and
editorialised by newspapers suggesting stern action against those Doctors, subsequently were
declared to be fake and frivolous by newspapers---Authorities concerned did not take serious notice
of such libellous reports damaging reputation of individual and detrimental to honour and prestige
of nation and country, which may entail disastrous consequences when students from Pakistan
medical fraternity may find doors for their further educational pursuit in Britain shut out at them
only because of publication of that news which had created a lot of sensation---High Court in
exercise of its power, took suo motu action ordering preliminary investigation into whole affair.

Shahna-r Bcgum's case P L D 1971 SC 007 ref.

(b) Constitution of Pakistan (1973)---

----Art. 19---Freedom of expression---Freedom of expression, held, would not give licence to damage
honour and prestige of individual or of country and nation.

ORDER
News reports marked A.B.C.D. and E reveal that a Pakistani doctor was caught while impersonating
for another in F.R.C.S. Examination in Britain and the British Authorities have asked the Pakistan
Medical and Dental Council to cancel the M.B.B.S. Degrees of both, the one who impersonated and
the other on whose behalf the impersonation was done. The reports were not only published in
different newspapers but were also editorialised upon in daily `Jang' Rawalpindi dated 23-9-1989 as
under:-

Thereafter it was reported in the newspaper that the news of impersonation against the two doctors
was not correct. It is sad that libellous reports/news damaging the reputation of individual,
disparaging his reputation and detrimental to the honour and prestige of the nation and of the
country were published, editorialised and subsequently declared to be false and frivolous but no
serious notice of the matter has been taken by the concerned authorities. This may entail the
disastrous consequence when students from Pakistan medical fraternity may find the doors for their
further pursuit in Britain are shut out at them only because of publication of this news. Had this
happened in any other country then in all eventuality, serious action would have been taken either
against persons guilty of impersonation or against persons responsible for false report and
publication. Freedom of expression does not give licence to damage the honour and prestige of
individual or of the country and the nation. The newspapers have created lot of sensation and have
not only given considerable publicity but have also written editorials highlighting its sensational
aspect and have also suggested stern action against the two doctors. On reading the newspaper's
report, I feel inclined to take action suo motu in exercise of powers under the provisions of clause 22
of Letters Patent. So relying on Shahnaz Begum's case reported as P L D 1971 SC 667, 1 propose to
order preliminary investigation into the whole affair. To ensure that no investigation has already
been initiated, the Secretary, Pakistan Medical and Dental Council, Islamabad, be summoned for
10-12-1989.

H.B.T./S-694/L. Order accordingly

;