Islamabad: Supreme Court (SC) has restored right of defence of PTI founder Imran Khan in a defamation case filed by Prime Minister (PM) Shehbaz Sharif against former chairman PTI.
A three-member bench of the apex court, announced the decision by a 2-1 majority.
,The court set aside the verdicts of both the trial court and the High Court and approved the review petition filed by the PTI founder.
Justice Ayesha Malik read out the decision.
The court also nullified SC March 29, 2023 decision.
A 3-member bench of SC presided over by Justice Ayesha Malik and comprising Justice Hashim Kakar and Justice Ishtiaq Ibrahim heard the review petition against abolishing the right of defence of PTI founder.
The bench, headed by her, had earlier reserved its decision after hearing arguments. The court also disposed of matters concerning the defamation claim and questions of judicial jurisdiction
Mustafa Ramday counsel for Shehbaz Sharif while giving arguments said counsel for PTI founder has not raised any point of review. The counsel for PTI founder has not pointed out any error or loop hole in the decision of court.
Shehbaz Sharif filed damages case against PTI founder in July 2017. Reply of PTI founder came after four years. Counsel for the PTI founder sought adjournment for 75 time till the filing of written reply.
Justice Hashim Kakar said the amended reply of Shahbaz Sharif was filed on March 8. The interrogatory reply of PTI founder did not come till 9 months after amended reply.
The counsel for Shehbaz Sharif said that incident of having been hit with bullet by PTI founder is tragic incident. Ground of non availability of PTI founder was not taken on November 17 and 24.
The trial court rejected objections raised by PTI founder on October 20, 2022.
PTI founder sought time on October 26 and November 8 on the basis of being injured.
On November 24 and 27, 2022 Counsel for PTI founder sought time to challenge the matter of rejecting the objections by court.
Counsels for PTI founder were to challenge the decision of rejecting the objections.
Request was made to adjourn the hearing by making basis the order which was to be challenged in future.