LAHORE: A three member bench of the Supreme Court on Thursday dismissed a petition of former Prime Minister Imran Khan with a majority of two to one challenging seizure of his right to file objections to the interrogatories in a defamation suit against Prime Minister (PM) Shehbaz Sharif.
The bench comprising Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan and Justice Ayesha A. Malik upheld the decisions by the Lahore High Court and the trial court.
Justice Ayesha A. Malik dissented from the majority decision.
Earlier, the counsel of PM Shehbaz argued that the trial court before seizing right of Imran Khan to submit objections directed him in at least 21 hearings to submit the objections.
He pointed out that in 13 out of 21 hearings before the trial court counsel of Khan himself sought adjournments.
He said the petitioner could have filed his objections by simply calling the interrogatories of the respondent Shehbaz Sharif as irrelevant or scandalizing.
On a court query the counsel of Imran Khan, said he had told the trial court that the interrogatories were irrelevant to the suit proceedings.
The bench, however, told the counsel that the record did not support his version and dismissed the petition.
PM Shehbaz Sharif had filed a suit for recovery of Rs 10 bn as damages for defamation from Imran Khan.
Imran Khan had accused Shahbaz Sharif of offering him Rs10 bn through a common friend in exchange for withdrawing the case of Panama Papers pending before the Supreme Court.
Imran Khan had filed a contesting statement before the trial court. Shehbaz filed his interrogatories, and trial court had asked the Khan’s counsel for filing answer to the same. The petitioner instead of filing answers to the interrogatories, filed objections to the interrogatories.
The trial court overruled the objections being filed beyond the stipulated period.
The trial court overruling the objections of Imran Khan directed him to file answers to the interrogatories of the respondent. However, the petitioner did not file the answers. Resultantly, his right of defence was struck by the trial court. The LHC on December 7 had also dismissed a petition of Imran Khan against the decision of the trial court.
Copyright Business Recorder, 2022
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