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Suits For Compensatory Damages ;Legal Technicalities.

Essential ingredients to claim damages on account of malicious prosecution. i. The prosecution of the plaintiff by the defendant; ii. There must be a want of reasonable and probable cause for that prosecution; iii. The defendant must have acted maliciously i.e with improbable motive and not to further the ends of justice; iv. The prosecution must have ended in favour of the person proceeded against; and, v. It must have caused damage to the party proceeded against When the law is set in motion on the basis of false accusation, does the legal system provide any remedy to palliate the injury caused to human dignity and reputation of a person. The immediate response that comes to mind for this question is that the legal system is rooted in the values of our society that believe in promotion of good and prevention of evil. And human dignity is the foundation of promotion of good. Inasmuch as the human dignity is the image of Allah Almighty in each human being, it is inherent and inborn. That is why on the one hand our Constitution says that no action detrimental to the life, liberty, body or reputation of any person shall be taken 1and the dignity of man shall be inviolable 2and on the other hand, at the same time, this right has been made subject to law. Whereas the object of the law is to prevent the evil, that is to say, the commission of crime so as to safeguard the reputation and dignity of man and this is possible only when a duty is laid on the citizen to state to the authorities what he knows respecting the commission of crime. Duty is thus a primary concept, indeed the main focus, of the law and it often takes priority over right. For the sake of public justice, therefore, charges and communications which would otherwise be slanderous and actionable, are protected if bona fide made for the prevention of crime. Indubitably, an information provides clue to the police on the basis of which it starts investigations into a case and, therefore, its importance cannot be denied. However, empirical study suggests that people are not afraid of lodging false report, which in common parlance is known as FIR, as it is a non-cognizable offence. The false and frivolous case lodged against a person causes a great injury to the human dignity and reputation of the person, although under the law, the person is presumed to be innocent until proven guilty but the society in which we live today, presumes a person guilty once he is accused of an offence irrespective of whether false FIR has been filed or later he gets discharged or acquitted by the Court, but he cannot get that respect in the society as earlier. An innocent stigmatized by false implications have to carry this irreparable stigma throughout his life span and its shadow on his next generations also leave dark impressions. On the other hand those responsible for bringing such treachery enjoy all the best in their life. Such type of dichotomy creates imbalance between rights and duties causing injury to the human dignity. This is highly abominable and, therefore, courts always loathe approving it. And so we must appreciate the quintessence of law and the general sociological background for the resolution of all such disputes. prosecution based upon criminal proceedings the test would not be whether the criminal proceedings instituted on false and frivolous allegations had reached the court; the test would be whether such proceedings had reached a stage at which damage to the plaintiff resulted. R.F.A 29853/19 Nadeem Ahmad Vs Saif ur Rehman etc 11-11-2020 2020 LHC 2834دوران آپریشن ڈاکٹر کی غفلت سے تولیہ پیٹ کے اندر رہ گیا، دعویٰ ہرجانہ ڈگری ہوا. 2002 CLC 96. 2001 CLC 875. ایشو فریم کرنے اور شہادت گواہان قلمبند کرنے سے قبل دعویٰ ہرجانہ، زیرِ آرڈر 7 رول 11 ض د خارج نہیں ہو گا. 2021 MLD 354. محض کسی کے خلاف FIR درج کروانے کی بناء پر Malacious Prosecution کا اطلاق نہ ہو گا،بلکہ اس کے لئے مدعا علیہ کی بد نیتی کا ثابت کرنا ضروری ہے. PLD 2017 Bal 85. مریضوں کے معاملے میں ڈاکٹرز اپنی غفلت اور لاپرواہی کی صورت میں ہرجانہ ادا کرنے کے پابند ہوں گے. 1996 CLC 1440. PLD 1991 SC 699. گاڑی کا مالک صرف اسی صورت میں ہرجانہ ادا کرنے کا پابند ہو گا، جب کہ ڈرائیور کے پاس ڈرائیونگ لائسنس نہ ہو گا. 1995 CLC 83. 1992 CLC 185.