Defamation suit against Imran Khan dismissed

PHC says trial court should hear the case; petitioner’s lawyer maintains there is no evidence

PESHAWAR:

A division bench of the Peshawar High Court dismissed a defamation suit filed by MPA Bakht Baidar Khan against Pakistan Tehreek-e-Insaf Chairperson Imran Khan. It sent the case back to the trial court for hearing.

A bench, comprising PHC Chief Justice Mazhar Alam Khan Miankhel and Justice Muhammad Daud Khan, heard the suit on Tuesday. It also suspended a stay order through which it had restrained a lower court from hearing the case.



When the hearing commenced, Bakht Baidar’s lawyer Babar Yousafzai said his client was a provincial minister in the K-P government. He added the PTI chief levelled baseless allegations of corruption against him. Imran also ordered his party to remove Bakht Baidar from his ministry. He claimed there was no truth to these allegations.

Mazullah Khan Barkandi, who is also the petitioner’s counsel, stated the allegations could not be proven. Bakht Baidar’s team of lawyers said the PTI chief failed to bring solid evidence against the former minister and requested the bench to announce a decision in their favour. Imran’s counsel Qazi Muhammad Anwar argued the petitioner’s application was not maintainable as the trial court has yet to announce a verdict.



He added Imran removed his own ministers on charges of corruption for the greater public good.

The petitioner got a stay order from the PHC to restrain the trial court from hearing the petition. As a result, Anwar said it was the first time in history that an applicant got a stay order against his own application. After hearing the arguments, the bench dismissed Bakht Baidar’s petition.

APS parents’ petition

While hearing a petition filed by parents of Army Public School victims, the chief justice remarked, “All decisions in the case would be taken on merit and as per the law. The massacre united the nation.”



The CJ said he was well aware of the sentiments victims’ parents.

When the hearing commenced, Additional Advocate General Umer Farooq Adam said the relevant authority had prepared its reply and it would be submitted at the next hearing.

He added the bench, during the last hearing, attached the salaries of two officers to the case. However, he said they had submitted their replies and therefore their salaries should be released.

Advocate Ajun argued the relevant authorities adopted delaying tactics, forcing them to run from pillar
to post.

He said the issue was particularly sensitive and could not be taken for granted.

After hearing the arguments, the bench issued notices to the federal and provincial governments on the application filed by parents and civil society representatives including Rakshanda Naz.

Published in The Express Tribune, May 4^th, 2016.