Islamabad: Justice Hashim Kakar has remarked on the matter of ending right to defence in respect of Imran Khan in Rs 10 billion defamation case that court had given time to PTI founder several times to file reply and reply to the claim was filed after four years.
A 3- member bench of SC under Justice Ayesha Malik heard the review petition of PTI founder against ending his right to defence in Rs 10 billion defamation suit. .
Assistant counsel to Rashid Hafeez counsel for the Prime Minister (PM) Shehbaz Sharif told the court Rashid Hafeez is in London. It is his request to adjourn the hearing till next week.
Justice Ayesha Malik remarked Today we hear the petitioner. We will hear the second respondent on next hearing.
Justice Hashim Kakar said the court had given time to PTI founder several times. Reply to claim was filed after 4 years. Had the court not issued stern order too after such delay.
Justice Ishtiaq Ibrahim said give the arguments by keeping in mind the powers of jurisdiction for review.
Barrister Zafar said actual matter was presence of PTI founder in hospital being injured. No opinion was given on the point of PTI founder being injured in the decision of SC. What happened in the past, does not matter. The actual thing was what was the cause for not filing the affidavit.
Barrister Ali Zafar argued civil court had ordered PTI founder to file affidavit till November 8. Murder attack was made on PTI founder on November 03, 2022. The court accepted during hearing on November 8 and 17 about PTI founder being injured.
The court issued order to end right to defence on November 22, 2022.,
Ali Zafar said in his arguments this is not case of death sentence that the issue will be resolved on restoring the right to defence. The meetings of lawyers were stopped with PTI founder in hospital due to security concerns. It was not possible to bring PTI founder out of hospital for affidavit. Restoration of right to defence is basic requirement of transparent trial.
The court adjourned further hearing till March 12.,