QB-2022-002648 - [2025] EWHC 2565 (KB)

The ninth publication

The like considerations apply as apply to the first to sixth and eighth publications. The Defendant’s pleaded case concerning his sources are that they were “within the ISI” and his pleaded case concerning verification is that “He has made stringent efforts to verify these allegations, including family, legal and journalistic sources in Pakistan”.

The DWS states (among other things) that “It was not intended to defame the Claimant or make baseless allegations against him, but rather to bring attention to potential misconduct and abuse of authority within the ISI” and “The mention of Brigadier Rashid Naseer and Faheem Raza in the tweet … was simply an expression of my belief that they may have been involved in orchestrating the alleged fraud and wrongful arrest”.

As in the case of the eighth publication, this evidence is hard to reconcile with the plain and unambiguous language of the ninth publication: “When nothing else worked, then they registered a fake case against me … and arrested my brother-in-law from my home. According to my sources … this case was registered on [their] instructions …”.

I am unable to see any basis for upholding a s4 defence in this instance either.