Info that cannot be verified is not certainly false, rules LHC

LAHORE
Lahore High Court (LHC) has remarked if the information provided with good intent is not proved later then the citizen who has provided information cannot be held guilty under section 182.
LHC has settled a big legal point that any citizen cannot be declared liar if the allegation is not proved.
The court declared null and void the proceedings under section 182 against the citizen who had pointed out mistake in government record. The court abolished the criminal proceedings against citizen Muhammad Shahid under section 182 of Pakistan Penal Code (PPC).
Justice Ghulam Sarwar Nihung approved plea of the citizen Muhammad Shahid.
LHC declared null and void February 26, 2025 and March 24, 2025 orders of subordinate courts
Criminal proceedings was initiated against the citizen on correction of mistake in respect of National Identity Card in property tax record.
Justice Ghulam Sarwar Nihung wrote in his decision that the citizen cannot be declared guilty for providing false information. Proving the knowledge of the falsity of information and ill intent is necessary.
The offence of providing false information is not proved merely on this basis that information is proved wrong.
If the information which is given with good intent is not proved later then the citizen who has provided information cannot be held guilty under section 182.
Decision said the allegation which is not proved and the allegation which is proved false are two different things.
An accusation not being proven and an accusation being proven false are two different things.”
The written complaint of the respective government official is necessary for proceedings under section 182. The proceedings under section 182 without the written complaint by competent government officer don’t meet the legal requirements.
According to decision it is mandatory to give opportunity to the citizen to explain his position by issuing show cause notice before initiation of proceedings against him.
Continuing proceedings against the citizen under section 182 will be misuse of court’s process.
LHC made it clear that the ownership of property or rights of inheritance have not been determined in this decision. The decision is restricted to the extent of criminal proceedings under section 182. Restriction has not been imposed on others legal or departmental proceedings.