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Defamation case: IHC points discover to PM Imran

Defamation case: IHC issues notice to PM Imran
The Islamabad Excessive Court docket (IHC) on Tuesday put aside an order of Extra District and Periods Choose (ADSJ) Mohammad Adnan and issued a discover to Prime Minister Imran Khan looking for his response in a defamation case towards Khawaja Asif over the PML-N chief’s allegations about misappropriation of funds of Shaukat Khanam Memorial Belief (SKMT).

The premier had filed the defamation go well with towards Asif in 2012 for restoration of Rs10 billion because the latter had at a press convention levelled allegations about misappropriation of and cash laundering by way of the SKMT funds.

In Dec 2021, the prime minister, whereas recording his assertion earlier than the digitally related court docket, which was presided over by the ADSJ, stated he was the largest particular person donor of the SKMT from 1991 to 2009 and the investments, towards which allegations had been made, had been totally recovered by the SKMT with none loss.

The legality of the assertion was challenged by the PML-N chief within the IHC on Monday, arguing that the ADSJ had unilaterally closed his proper of the prime minister’s cross-examination. The petition said that on December 17 of 2021, earlier than the graduation of proceedings, the court docket was knowledgeable that Asif’s counsel was unable to look due to illness, however the ADSJ recorded the premier’s assertion within the absence of the defence counsel. The petition had requested the IHC to put aside the ADSJ’s order.

IHC Chief Justice Athar Minallah presided over the listening to for the petition right this moment. He questioned that since when the case was pending.

Asif’s counsel replied that the defamation go well with was filed in 2012 and questions had been formulated in 2021, to which the choose requested who was answerable for the delay when the court docket had ordered that defamation circumstances be disposed of shortly.

“Are you saying that the delay was brought on by Imran Khan? The case is being delayed since 2012. It ought to have been determined in two months,” the choose stated.

The counsel responded that each events had taken adjournments. He stated the prime minister had not pursued the case initially and solely began doing so later. He added that Asif was within the custody of the Nationwide Accountability Bureau for six months — from December 2020 to June 2021 — when the problems had been framed.

He added that in that point Asif was unable to seek the advice of his lawyer and the ADSJ determined to proceed ex parte on account of the counsel’s absence.

“The periods choose’s order is prohibited, unsustainable and based mostly on not studying the report,” Asif’s counsel stated, including that the ADSJ had acted with out the authority of the legislation.

The court docket was requested to declare the decrease court docket’s order unlawful and droop it.

Subsequently, the IHC stayed the ADSJ from conducting proceedings till the subsequent listening to and issued a discover to the premier. The listening to was adjourned to Jan 12.