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Opinion published following the Prime Minister’s plea for the consolidation of defamation suits – Pakistan

 


PESHAWAR: A Peshawar High Court first past the post on Monday issued a notice to ex-MPA Meraj Humayun Khan asking for his response to the prime minister’s petition to consolidate pending libel lawsuits brought by her and another former MPA Fauzia Bibi against him.

Chief Justice Qaiser Rashid Khan has set January 25 for the next hearing on the petition in which the Prime Minister also requested the transfer of the defamation suit of Ms Fauzia Bibi pending in the court of an additional district judge Peshawar at trial in Swabi court against Ms. Meraj.

The two former MPAs have taken legal action against Mr Imran after he accused them at a press conference of selling their votes in the 2018 senatorial elections.

Fauzia Bibis, former WAP lawyer, opposes transfer of case to Swabi court

Ms. Fauzia Bibi was elected MPA on a seat reserved for women in the 2013 elections on the PTI ticket, while Ms. Meraj was elected on the Qaumi Watan Party ticket but she announced PTI membership in March 2018.

Lawyer Syed Ghufranullah Shah appeared for Ms Fauzia and argued that the petitioner (Mr Imran) used delaying tactics to prolong the conclusion of the trial by the ADJ court.

He said that for more than two years the petitioner had not filed a response to his client’s lawsuit and instead tried to hide behind legal details.

The lawyer stressed that his client’s case had been pending in the Peshawar court since June 2018 and that there was no justification for his transfer to Swabi. He added that his client’s complaint was lodged with Ms Merajs.

Mr Shah claimed that from time to time Mr Imran filed various petitions with the lower court as well as the High Court to delay the trial. He asked the court to reject this plea by the prime ministers.

Deputy Attorney General Mohammad Habib Qureshi appeared for Mr. Imran and said the case as well as the alleged cause of action was current in both lawsuits and the facts were the same based on a press conference sent by Mr. Imran on April 19, 2018.

He said the press conference was issued following a report submitted by the PTI Discipline Committee and that justification notices were sent to the two complainants by the late Naeemul Haq, a member of the Discipline Committee.

Mr Qureshi said the same body of evidence and witnesses would be needed to prove or disprove the respective issues and therefore it would be appropriate and in the interests of justice for the two lawsuits to be brought together in one court.

He said that to avoid conflicting judgments on the matter, it was mandatory to club both suits to avoid multiplicity of litigation.

On December 14, 2019, the court of first instance rejected an application by Mr. Imran asking for the dismissal of Ms. Fauzia’s action, claiming that it was not maintainable. This order was challenged by Mr. Imran in the High Court in Peshawar and the petition is still pending there.

Despite repeated orders from the lower court, the accused (Imran Khan) did not file a written response to the trial.

Previously, a request had been filed on behalf of Mr. Imran requesting the return of the trial, claiming that the press conference was addressed to Islamabad, which was outside the jurisdiction of the current court. However, it was rejected by the court on January 30, 2019.

This libel action was filed in June 2018 under the Defamation Order 2002. The only accused in the lawsuit was PTI leader Imran Khan, who later became prime minister.

Posted in Dawn, January 19, 2021

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