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Petitioner: Mian SOHAIL IFTIKHAR AND ANOTHER VS Respondent: THE DAILY NAWAIWAQT, LAHORE AND JUDGMENT
Court Name: Sindh High Court Judge(s): Naimuddin Ahmed Title:Mian SOHAIL IFTIKHAR AND ANOTHER vs THE DAILY NAWAIWAQT, LAHORE AND
JUDGMENT
Reported As: 1981 CLC 474 Result: Suit dismissed Judgment JUDGMENT ' This is a suit for damages filed by Mian Sohail Iftikhar (since deceased) and Syed Sajjad Baqir Rizvi against (1) The Daily Nawa-i-Waqt, Lahore, defendant 1 (hereinafter called 'the Paper'), (2) Nawa-i- Waqt Publications Ltd., defendant 2, (3) Mr. Majid Nizami, defendant 3 and (4) Mr. Khalid Kashmiri, defendant 4, under the following circumstances. 1. Plaintiff 1 claimed to be the sole proprietor of Nigarishat, a publishing house situated at Lahore. He died during the pendency of the suit. The suit, so far as he is concerned, has abated for the right to sue, as agreed by the learned counsel for the plaintiffs, is not survived. Plaintiff 2 claimed to be a poe critic, author and translator of works in Urdu language and was at all the material time a lecturer in the Oriental College of the University of the Punjab, Lahore. 2. Defendant 1 is an Urdu daily newspaper published throughout West Pakistan (now also published from Karachi) with its head office in Lahore. Since the newspaper is not a legal entity and it was so agreed, therefore, it will not be considered as a defendant to the suit. However, it will be referred to hereinafter as "the newspaper". ' Admittedly defendant 2 is a limited liability company with its registered office at Lahore and is the owner of the newspaper. 3. The plaintiff's case is as follows :- ' That in the year 1968, plaintiff No. 1 published a book in Urdu under the title Dastan-i-Mughlia (hereinafter called 'the book'), plaintiff No, 2 was the translator of the book. The book is a selection in Urdu translation from the memories of one Niccolae Manucci who was an Italian adventurer and traveller and who visited India in the 17th Century, during the reigns of the Mughal Kings, Shahjehan
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and Aurangzeb. He wrote a manuscript containing an extensive account of his experience in India under the title "Storio-de-Mogor". An English translation of Manucci's said memoirs was edited for the Government of India, by William Irvine, I. C. S., and published in for volumes in the year 1907 under the name and title of "Storio-de-Mogor". The book was published by the deceased plaintiff No. 1, and the same it is claimed, won a prize from the National Book Centre, a Government sponsored institution located in Karachi. ' That defendant No, 4 wrote an article relating to the book under the title of "The Founder of the Badshahi Masjid, Lahore and Dastan-iMughlia", and sub-title of 'A Pakistani in Manucci's garb'. `Shivaji's Pakistani Progeny', who are the malevolent and evil natured, which was published in the newspaper in its issue of September 3, 1968. He was, at the relevant time an employee of defendant No, 2 on the permanent' staff of the newspaper. Defendant No, 3, was at the relevant time, the editor, printer and publisher of the newspaper. The newspaper has a considerable circulation throughout West Pakistan and is inter alia widely circulated in Karachi. The newspaper was distributed for sale in Karachi on the morning of September 3, 1960. 4. The English translation of the article reads as follows :- "Founder of the Badshahi illasjid, Lahore, and "Dastan-I-Mughlia".--A Pakistani in Manucci's garb. Shivaji's Pakistani Progeny, who are the malevolent and evil natured" ? ' In the God granted State of Pakistan, which Pakistani of mature mind is unaware of the manner in which those elements who seek the establishment of a red and white order, do, on various occasions misconstrue the Islamic National ideology when presenting it to the public and do also use out of context the works of the Interpreter of Islamic ideology, Allama Iqbal. In the last few years which attempt has not been made to trace red and white stripes in (or) green atmosphere. But why have these lines not been of any permanence. This is the feat of that nation which for the attainment of a bright morrow traversed rivers of fire and blood and which now refuses to see this morrow (coloured) in a bloody or lifeless colour. ' But in this connection while the powers of defence have become stronger on the other side the extent of the front has become yet wider. After the Pakistan movement, an attempt had been made to show the Father of the Nation, Quaid-i-Azam, and the Thinker of Islam, Allama Iqbal as being protagonists of certain ideas of a special kind differing from the Islamic point of view, now this attempt has been extended to the Islam loving and saintly King of the Mughal Dynasty, Aurangzeb Alamgir. Hence a publishing firm of Lahore Nigarishat have published a book under the name "Dastan-i-Mughlia" in which every attempt has been made to misconstrue the character and manner of that ruler of the Mughal Dynasty, Aurangzeb Alamgir. ' In fact this book, which a "son" of Pakistan Mr. Sajjad Baqir Rizvi has translated, was written in the 17th Century in Italian by an Italian citizen Mr. Niccolae Menisci in accordance with the desire of the English. Later when the sub-continent came fully under the governance of the Ferengi, the Government got William Irvine to prepare an English translation of this book in for volumes. In the publication of this book the purpose of the English was to misrepresent the character of those Muslim leaders whose manners and characters were imprinted upon the hearts of the Muslims of the sub-continent. This book is a detestable attempt at showing that an angelic frishta sirae King such as Aurangzeb was devoid of ethics or morals else why would the English have bothered to take an interest in this matter again in 1907, and Commission William Irvine to translate this book, into English. However, when William Irvine translated this book, he, as a result of his own personal research, wrote footnotes to the text describing some true facets of Aurangzeb's life. After this Margaret Irvine wrote a book on Niccolae Manucci and stated that Manucci was a known bigot and fabricator of his period. In this book Margaret Irvine has refuted many of the allegations made by Manuci against Aurangzeb and has shown him (Manucci) as being far from the truth.
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' This was at a time when the Mussalmans were inordinately backward educationally, and they were very few among the Mussalmans who would have read such a book. That is why this contemptible attempt did not receive much publicity at the time. When after a length of time the Mussalmans woke from their sleep of forgetfulness and were taking stock of their surrounding and when Buckingham Palace and sanctuaries of those who chant "Har Har Mahadeo" started shaking and quaking, it was then that-as a result of a premeditated plan-the Shuddhi Movement raised its head. At this period a pillar of the Shuddhi Movement, Mulk Raj Sharma, translated William Irvine's book into Urdu. Whatever Irvine' may have left undone in misrepresenting Aurangzeb's character, this evil-natured writer completed. In this book he used all possible methods to exalt Shivaji over Aurangzeb. But as soon as this book caught the eye of the Father of Journalism, Maulana Zafar Ali Khan, he tore to shreds not only Sharma, but this book's actual author, Manucci as well. (By writing) in his newspaper he suppressed this mischief with such force that this issue again receded into the background. After this, no one had the courage to write even a sentence against the author of "Fatawa-i-Alamgiri". ' But more than a quarter of a century later again from the land of those people whose heads bow in acknowledgement of Aurangzeb's intellectual services a so-called "Pakistani Mussalman" has fulfilled the role of Mulk Raj Sharma. ' In misrepresenting the Story of the Mughals (Dastan-i-Mughlia) or translator has surpassed all others. Let us bewail this new admixture of red and green (who) is seen crawling on the thoroughfare of the Halqa-iArbab-i-Zauq. Let us give credit to this translator of "ours" who has brought together all those portions of William Irvine's English translation which attack the person of Hazrat Aurangzeb Alarngir (Rahmat Ullah'eleh). ' In the preface of Dastan-i-Mughlia it is written that "Manucci disliked Aurangzeb intensely " Elsewhere it is written that "personal prejudice and an interest in rumours are the essence of Manucci's character. Many of the things that he has written cannot be proved as historically correct. While living in India he seems to have been everything-a soldier, an ambassador, a religious man. Often he does not hesitate from exaggeration and fabrication-his writings evince a prejudiced mind". Pray consider why was the firm Nigarishat impatient to produce for the public with care the writings of such a man. If only people would understand that : "Death is preferably to that livelihood .................... ' Now let us examine some extracts from "Dastan-i-Mughlia". Let us bemoan those minds that despite taking refuge under the tall minarets of the Alamgiri Mosque are busy in making its foundations hollow. ' Dastan-i-Mughlia" Page No, 10, Line No, 10 : "Although he did not fail to give the new governors good instructions, he added unfailingly some others that served his own dissimulations and intrigues. Among these was an order that they might take false oaths, and by thus swearing gain over men and raise rebellions in neighbouring kingdoms. When the attempt succeeded, it would suffice for them to feed ten mendicants, by which they would be freed from their sin and absolved from their promises, in spite of having backed them a thousand oaths on the Qur'an." ' Page No, 12, third paragraphs : "Aurangzeb did another very ridiculous thing to show himself a scrupulous observer of the Faith." ' Page No, 16, first paragraph. "The greatest abuse there was and still is, is due to the cheating and hypocrisy of the holy mendicants. These men call themselves Saheda (Sayyid), descendants of Muhammad, and deceive the people with hypocrisy and pretended miracles. ' Consider this brazen-facedness which for the fulfilment of its own dirty motives had had the audacity to attack as elevated a position, and "acknowledge" too the translator for the style in
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which he has executed this translation. On page No, 17, the organization of the State is criticised and in the second paragraph the following is stated :- "To this abuse Aurangzeb applied no remedy, being the companion of such men, a pretender and hypocrite like them. ' And then on page No, 21, the writer's and translator's enmity of Aurangzeb seems to have reached its zenith. This page's tenth line is as follows "Thus it may be said that Aurangzeb was a perfect disciple of the pharisee, spoken of by or Saviour in the Gospel, who, instead of asking mercy from God, did nothing but recite his own works." ' Similarly on page No, 25, an attempt has been made to show Aurangzeb as being deceitful and on page No, 31, as being needlessly extravagant. Mentioning a wrong incident on page No, 208, in the third para. It is stated : "Aurangzeb, the cunning fox, concealed his intentions .................... ' Apart from Aurangzeb's own person, the characters of his sister Roshan Ara Begum and his daughter Fakhrunnisa Begum have also been attacked in a most shameful manner. They are mentioned on page No, 29 and page No, 129 in a most repulsive manner. Apart from this the whole book contains a number of fabricated incidents and the words cruel, scheming, deceitful, malevolent and evil natured have been used in several places for Aurangzeb, also in certain places an attempt has been made to show that apart from his wives he had also kept mistresses. It seems that this book has not been published by a Pakistani but by some offspring of Shivaji and that its translator is a Mahasha. ' After reading this book one also get the impression that there is in this country a class that has, as a result of having prepared a special plan, initiated a Scheme of brain washing so that the character of those leaders and elders who are worthy of great esteem should not impress themselves upon the minds of the younger generation and that they should develop an aversion to those elders who had an Islamic outlook on life and Islamic mode of thought. ' Without doubt such books constitute a severe blow on the political foundations of Pakistan. After all why was the need felt at this time to translate this book and to have it printed in so splendid manner. Why should any Pakistani publisher spend so extravagantly on the production of this so- called translation ? Which Pakistani endowed with consciousness will by such a book ? This revelation in the book that an Islam-loving Muslim King such as Aurangzeb was a pupil of a Jew is undoubtedly a fabrication. An inquiry into this matter will undoubtedly ensure the permanence of Islamic values and traditions in Pakistan, and the immediate confiscation of this book will abort the first practical attempt at brain washing in this country. Would it be too much to expect of the Provincial Governor that he should, after an inquiry, inform the public as to whose hand is behind the publication of this book and whose capital. 5. According to the plaintiffs the article contained allegations, inter alia expressly, or by clear implication in their own words to the following effect :- (1) There is a group of persons in Pakistan to which the plaintiffs belong which is anxious to establish in Pakistan a "Red and White" (Communist and Imperialist) atmosphere. Finding that its efforts are being thwarted by Pakistani Muslims, this group is now making considerable extension in the front which it has opened for attack on the Muslims. While the unsuccessful efforts of this group to present to the country a distorted picture of the way of thinking of the Quaid-i-Azam and Allama Iqbal are continuing, this group has extended its campaign so as to include in its scope the saint King Aurangzeb Alamgir and has for this purpose got published by Nigarishat a book under the title of 'Dastan-i-Mughlia' in which no effort has been spared to vilify Aurangzeb Alamgir ; (ii) The work of which this book is a translation (of a part) was written in the Italian language by Niccolae Manucci an Italian, in the 17th Century, at the bidding of the English ;
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(iii) Later when the whole Indian Sub-Continent came under British rule, the British Government commissioned William Irvine to translate Manucci's work, the object of the British Government being to paint Muslim heroes in lurid colours. This translation was a mean attempt to show that this angel-like king suffered from moral bankruptcy ; (iv) Afterwards, Margaret Irvine, the daughter of William Irvine write a book on Niccolae Manucci in which she exposed Niccolae Manucci. She characterized him as a bigot who fabricated calumnies and she refuted as baseless many of the charges brought by Manucci against Aurangzeb Alamgir ; (v) At the time when William Irvine's translation was published, i,e, in 1907, the Muslims of India were educationally so backward that there were very few persons amongst them who would read such a book at all and it is for this reason alone that this disgraceful attack on Aurangzeb which otherwise would have evoked severe protests from the Muslims of India, escaped notice ; (vi) Afterwards 'while the Muslims on their awakening from their slumber were taking stock of their surroundings and Buckingham Palace as well as the retreats of the Hindus were trembling with fear of the Muslims", there was one more attack on Aurangzeb and that was made when the Shudhi Movement was launched by the Hindus under a well-considered scheme. One of the pillars of the Shudhi Movement called Mulk Raj Sharma translated William Irvine's work into Urdu and he even added to the vilification contained in the work of William Irvine; but the late Moulana Zafar Ali Khan made a pungent attack on Mulk Raj Sharma as well as on Manucci and put up a defence against this mischief in his daily newspaper with such force that the matter once again receded into the backgrounds ; (vii) After this nobody ever dared to say one sentence against Aurangzeb; the two attacks on Aurangzeb mentioned above were the only ones ever made ; (viii) Now in Pakistan the role of Mulk Raj Sharma has been fulfilled by a so-called Pakistani Muslim (i,e, Plaintiff No, 2) who has surpassed all the previous translators and authors in misrepresenting the story of the Mughuls ; (ix) That the translator of Dastan-i-Mughlia is a reptitian Pakistani communist ; (x) The `Dastan-i-Mughlia' is just a collection of all those portions of the work of William Irvine which condemned Aurangzeb Alamgir ; (xi) The publisher has sold himself for money, that is, the money which he will get, not by sale of the book-for no sensible Pakistani Muslim is going to purchase such a book-but from the secret source which is providing capital for the publication of this book ; (xii) The publisher and the translator were deliberately trying to weaken the foundations of the Islamic State of Pakistan under whose protection they were living and whose benefits they were enjoying and so were traitors ; (xiii) That it seemed that the publisher of this book was the son of the Marhatta Shivaji and the translator a contemptible `Mahasha'; that the persons who produced this book had a vile and malicious nature and that they have adopted the role of Manucci in Pakistan and had acted from most detestable notices ; (xiv) It seems apparent that the publication of the book heralds the commencement of a preplanned brain washing Scheme, the object of which is to shatter the image of the religious leaders of the Muslims and of persons who are held in great esteem by them so that the new generation may lose faith in those who follow the Muslim way of life and who subscribe to an Islamic ideology ; (xv) The publication of the book was a severe blow to the foundations of the State; this blow was delivered by those very persons who have found refuge in the State but are nevertheless busy making its foundations hollow ; (xvi) The translator as well as the publisher of this book were enemies of Aurangzeb ;
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(xvii) It was proper that a thorough enquiry be made into the reasons for the bringing out of this book and it was expected from the Governor of the Province that he would, after making an investigation, inform the public as to whose hand was behind this book and what secret source provided the money with which it was printed and published in such grand style ; (xviii) That this book be banned by the Government and that its banning would help perpetuate Islamic traditions in this country." 6. The plaintiffs claim that the defendants have falsely and maliciously defamed them and caused incalculable damage to their reputation in that they have attacked their person and name in the form of the grossest insults and abuses that can conceivably be heaped upon any citizen of Pakistan. According, to the plaintiffs the defendants have made the following false, defamatory and malicious allegations : (a) That the plaintiffs are engaged in a wider conspiracy for undermining the foundations of the State ; (b) That in this endeavour they are in league with Communism and Imperialism ? (c) That the book has been published with malicious motives other than professional considerations ; (d) That the plaintiffs have derived secret profit from non-commercial sources in the pursuit of their traitorous intentions (e) That the plaintiffs are the worst enemies of Pakistan, Islam and its Heroes ; (f) That the plaintiff No. 1 is playing the role of Shivaji in Pakistan and is in fact a spiritual offspring of Shivaji and that the plaintiff No, 2 is a Mahasha ; (g) That the plaintiffs represent a fifth column in Pakistan ; (12) That in respect of plaintiff No, 2 a very specific charge has been made that he is not a Pakistani and is in fact a Communist and this charge has been repeated twice." 7. According to the plaintiffs the defendants have transgressed all boundaries of permissible literary criticism or rules of civilized language, and they have indulged in this jumble of insults, reckless untruths and abuse in a deliberate attempt to damage the reputation of the plaintiffs and to bring them into hatred and contempt. The plaintiffs claim that the attack on the book is a part of long campaign over a period of years carried on by the defendant 1 against the family of the plaintiff I. The plaintiffs claim that the whole article with the exceptions of that which is expressly admitted in the plaint is true. 8. The plaintiffs have specified the following statements which according to them are false, malicious and defamatory :- "(i) It is untrue that there is a group of persons engaged in a conspiracy (Communist and Imperialist) to which the plaintiffs belong and/or that the plaintiffs are part of an extension of a front opened for attack on Muslim Heroes and Islamic Ideology ; (ii) It is untrue, as alleged by the defendants, that William Irvine appended footnotes to his translation describing some true facts of Aurangzeb's life and contradicted the description given by Manucci. William Irvine has written copious footnotes but they are of a purely academic nature. In fact William Irvine's purposes in writing the footnotes, as stated by him, is as follows : (iii) One of the principal objects I have had in writing the notes which I have added to the text has been to show that, with rare exceptions Manucci's statements, where they can be verified, are historically accurate. And a fair inference is that where there is no such corroboration, he may equally be accepted as trustworthy." (iv) It is also untrue that Margaret Irvine wrote a book on Niccolae Manucci in which she exposed Manucci and characterized him as a liar, Margaret Irvine only published an abridgment of her father's translation with a short introduction which does not contain any comments adverse to Manucci and by implication she had accepted him as a truthful person.
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(v) It is untrue as alleged that the Muslims of India were educationally so backward in 1907 that there were few amongst them who could read such a book (William. Irvine's Edition) which is the reason that it did not receive much opposition at the time of publication. (vi) It is untrue that Mulk Raj Sharma was either a member of the Shudhi Movement or that he wrote the book in furtherance of the designs of the said Movement. (vii) It is untrue as suggested that the translation of Manucci by William Irvine and Mulk Raj Sharma are the only books critical of Aurangzeb. Also it is not correct that the attitude of the Muslims of India or Pakistan is such that they would not have permitted-except in the case of William Irvine's work then they were allegedly educationally backward-any attack on Aurangzeb without a strong protest and a demand for action. (viii)The defendant's statement in the article that after Maulana Zafar Ali Khan's attack on Sharma's translation of Manucci, no work critical of Auranzeb was ever published is patently untrue. (ix) It is untrue, as alleged, that all those portions of Storio-de-Mogor which attack Aurangzeb have been included in the book "Dastan-iMughlia." (x) It is untrue that what Manucci wrote has been brought before the public only twice, one by William Irvine and once by Mulk Raj Sharma, as the writer of the article would have us believe." 9. ' The plaintiffs hays impugned another article published in its issue of September 5, 1968 as defamatory. This article is written by one who called himself "historian" (Moerikh). This article was published under the title "Dastan-i-Mughlia"-A Filthy (Napak) Book. Manucci was a rumour mongering, opportunistic, evil natured, lying traveller". According to the plaintiffs, in this article it was stated : "(i) There was a group of persons in Pakistan, to which the plaintiffs belonged and which was making an organized effort to condemn the Muslim way of life, and this book was a part of that effort. This group was declaring that Islam was dead and its civilization too was dead, and that when it was alive it was a disgraceful civilization ; (ii) The translator of Dastan-i-Mughlia had behaved like the obscene sex portrayer of the West and had in this manner tried to imprint upon the public mind his modernity. (iii) The translator had not cared to see what had been said by other historians and those who had undertaken researches on the subject of Manucci and Aurangzeb ; (iv) The translator had not cared to consider whether Manucci was reliable nor had he said anything to discredit Manucci ; (v) The translator is not a gentleman (Sharif Adami). (vi) There were marginal notes in favour of Aurangzeb by William Irvine and Mulk Raj Sharma which had been omitted by the translator ; had the…
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