One judge issues a dissenting note in favour of maintaining the earlier restriction on right of defence
ISLAMABAD:
The Supreme Court (SC) on Thursday restored the right of defence of the founder of Pakistan Tehreek-e-Insaf (PTI), Imran Khan, in a long-running defamation case filed by Prime Minister Shehbaz Sharif, in a majority verdict that also set aside earlier orders of the lower courts.
The case stems from allegations made in 2017, when the PTI founder accused PM Shehbaz of offering money to withdraw the Panama Papers case. In response, the prime minister filed a defamation suit, which has remained pending before the trial court for eight years.
The trial court had earlier closed the PTI founder’s right of defence, a decision later upheld by the Lahore High Court (LHC). The PTI founder then approached the SC against the order.
Earlier, a three-member bench headed by Justice Mansoor Ali Shah, along with Justice Amin-ud-Din Khan and Justice Ayesha Malik, had heard the appeal against the LHC’s decision.
In that earlier ruling, Justice Mansoor Ali Shah and Justice Amin-ud-Din Khan had upheld the closure of the right of defence, while Justice Ayesha Malik had dissented.
On December 29, 2022, Justice Mansoor Ali Shah and Justice Amin-ud-Din Khan had also upheld the High Court’s decision to close the right of defence.
However, the Supreme Court allowed a review petition against that order and restored the right of defence, directing the trial court to proceed with the case in accordance with the law.
The majority verdict was announced in open court by Justice Ayesha Malik, who also headed the review bench. According to the court record, the decision was taken by a two-judge majority. At the same time, one judge issued a dissenting note in favour of maintaining the earlier restriction on the right of defence.
The bench also noted the procedural history of the case, including repeated delays at the trial stage. Court documents indicated that Khan sought more than 70 adjournments and submitted his written response after a delay of four years.
Read: Defamation: SC to take up ex-PM’s review plea
Meanwhile, it was noted that Shehbaz had appeared in the proceedings through video link during multiple hearings while serving in office.
The earlier decision to block the right of defence had been challenged before the SC, where a three-member bench had initially upheld the restriction by a majority. A dissenting note had been recorded at that stage as well.
2017 Defamation Suit
A defamation suit was filed by Shehbaz Sharif against the then-opposition leader Imran Khan. The case, initially filed in 2017, accuses Khan of making defamatory statements about Sharif that allegedly caused harm to his reputation and mental well-being.
Sharif’s defamation claim stems from Khan’s allegations, which suggested that Sharif offered him Rs10 billion through a common friend in exchange for withdrawing from the Panama Papers case, which was then pending before the Supreme Court.
According to the suit, these “baseless and malicious” statements were widely circulated by the media, damaging Sharif’s public image and causing “extreme mental torture, agony, and anxiety.”
Sharif’s legal team has asked the court to issue a decree for the recovery of Rs10 billion in compensation for the defamation, as well as for the harm caused by the statements. The prime minister contends that the accusations were false and led to significant reputational damage.
In response, Khan filed a reply in 2021, claiming that the information had been passed on to him by a friend, who had allegedly been approached by a member of the Sharif family with an offer to stop pursuing the Panama case.
Khan stated that he revealed the incident in the public interest and argued that his statement did not specifically attribute any part of the allegation to Sharif.
