ISLAMABAD: The Supreme Court (SC) on Friday restrained a trial court from proceeding with a defamation suit filed by Prime Minister Shehbaz Sharif against PTI founder Imran Khan.
A three-member bench, headed by Justice Ayesha A. Malik, and comprising Justice Muhammad Hashim Khan Kakar and Justice Ishtiaq Ibrahim, heard a review petition filed by Imran Khan challenging earlier orders in the case.
The apex court stayed further proceedings and issued a notice to Shehbaz Sharif, seeking his response. Justice Ayesha Malik noted that no one had appeared on behalf of the respondent and said the matter would be fixed for hearing at the earliest date.
During the hearing, Justice Ayesha Malik observed that she had authored a dissenting note in the earlier judgment, in which a majority of two judges had upheld the decision to strike off Imran Khan’s right of defence.
Barrister Ali Zafar, counsel for Imran Khan, argued that his client had suffered a gunshot wound to the leg and was unable to appear before the trial court due to his injuries. Despite acknowledging the injury on two hearing dates, the trial court struck off his right to defence, he said, adding that witness statements are now being recorded in the case.
When asked about the quantum of damages, Zafar informed the bench that the defamation claim amounts to Rs10 billion. Justice Ayesha Malik questioned how the right to defence could be struck off after the injury had been acknowledged by the trial court.
In his petition, Imran Khan requested the Supreme Court to suspend trial proceedings until a decision on his appeal. He contended that only a district and sessions court has jurisdiction to hear such defamation matters and challenged the authority of the additional sessions judge, whose decision was upheld by the Lahore High Court.
Earlier, a three-member Supreme Court bench by a 2-1 majority had dismissed Imran Khan’s appeal and upheld the Lahore High Court’s verdict striking off his defence. Justice Ayesha Malik had dissented, holding that the petitioner should have been granted the opportunity to defend himself. Subsequently, Imran Khan filed the present review petition.
The defamation suit was filed in 2017 by Shehbaz Sharif, then chief minister of Punjab, accusing Imran Khan of making statements that allegedly harmed his reputation and mental well-being. The suit arose from Khan’s allegation that Shehbaz had offered him Rs10 billion through an intermediary to withdraw from pursuing the Panama Papers case pending before the Supreme Court at the time.
