Pakistan Tehreek-e-Insaf founder Imran Khan. Photo: File
ISLAMABAD:
The Supreme Court on Friday heard review petitions filed by the founder of Pakistan Tehreek-e-Insaf in a Rs10 billion damages case concerning the termination of his right of defence, with judges questioning the delay in submitting a reply to the claim.
A three-member bench headed by Justice Ayesha Malik heard the review petitions. During the hearing, Justice Hashim Kakar remarked that the court had repeatedly given the PTI founder time to submit a response.
“The court had several times given the PTI founder time to file a reply,” Justice Kakar observed, adding that the response to the claim had been submitted after four years. He asked whether, even after such a delay, the court should not have issued a strict order.
During the hearing, the court was informed that Rashid Hafeez, counsel for Prime Minister Shehbaz Sharif, was currently in London. His assistant told the court that he had requested the case be adjourned until next week.
Justice Malik said the court would hear the petitioner’s arguments for the time being and would hear the other party at the next hearing. Justice Ishtiaq Ibrahim remarked that arguments should also be presented while keeping in mind the scope of review jurisdiction.
Representing the PTI founder, Barrister Ali Zafar argued that the real issue was that the PTI founder had been injured and hospitalised, but the Supreme Court’s decision did not give any opinion on the point of injury.
The counsel told the court that the civil court had ordered the PTI founder to submit an affidavit by November 8, 2022. However, an assassination attempt on the PTI founder took place on November 3, 2022.
He said the court had acknowledged during the hearings on November 8 and November 17, 2022 that the PTI founder had been injured. However, on November 22, 2022, the court issued an order terminating his right to defence. He argued that this was not a death penalty case where restoration of the right of defence would create problems. He further submitted that lawyers were prevented from meeting the PTI founder in the hospital, adding that it was not possible to bring him out of hospital to file affidavit.
