Defamation suit: Unimpressed, court seeks proof of ex-minister’s corruption

Imran Khan alleges QWP leader made illegal appointments, misused authority.

PESHAWAR:

The Pakistan Tehreek-e-Insaf (PTI) chairman was directed by a district and sessions court on Saturday to submit proof of corruption against a Qaumi Watan Party (QWP) minister, who was sacked from the Cabinet, before the next hearing on February 15.

The order was issued by judge Shaiber Khan while hearing the Rs1 billion defamation suit filed by QWP provincial general secretary and former minister Bakht Baidar Khan after PTI chief Imran Khan’s counsel Qazi Muhammad Anwer submitted a written reply to the suit before the court. In the previous hearing on January 18, the court had given Imran two weeks to reply to the defamation suit.

The written statement submitted in the court states the sacked minister violated the law and authority during his tenure as the minster for labour and commerce.

“The plaintiff, in violation of the law, directed the appointment of 110 male and 85 female teaching and non-teaching staff at the Working Folks Grammar School, Dir. These unauthorised and illegal appointments unnecessarily burdened the Workers Welfare Board (WWB) and thereby, the public exchequer,” read the statement. The statement added appointments in schools under the WWB are to be approved by the board and the governing body.



The statement also accused Baidar of reinstating a WWB deputy director, Naimatullah Gandapur, and paying him full benefits worth Rs4.9 million for the 10-month suspension period against applicable rules and regulations.

“From October 1 to November 8, 2013, under the plaintiff’s orders through WWB Secretary Tariq Awan, 557 people were appointed on teaching and non-teaching posts and as drivers, qasids and sanitary workers. Thus, irregularities, illegalities, misuse of power by the plaintiff is a matter of record which shall be presented to the court if need be in evidence so misdeeds of the plaintiff are brought on record,” the statement read.

The PTI chief further said the former minister was allotted a Toyota double cabin which was used by his brother and an expenditure of Rs751,988 was drawn for its fuel and maintenance.

The court was informed that this misuse of power was brought to the notice of the QWP leadership which failed to take any disciplinary action and instead displayed annoyance and began boycotting Cabinet meetings. As a result, the chief minster on November 13, 2013 relieved the plaintiff from the Cabinet, the statement disclosed.

Dismissing the lawsuit, the PTI chief’s statement reads, “The suit is not maintainable in its present condition as the payment of Rs1 billion in favour of the plaintiff has been sought without any justification. Hence the claim is misconceived, unjustified and unwarranted.”

The statement indicates the suit is not competent on the ground that even though the plaintiff has claimed he enjoys an honest reputation, no document in support of this claim has been attached with the plaint as required under Order VII Rules 9, 14-1 and 2 of the Code of Civil Procedure.

The court was informed that documents proving the irregularities mentioned in the statement were in government offices and will be difficult to produce. To this the court said the PTI-led government had recently promulgated the Right to Information Act and thus all documents should be made available before the next hearing.

The court further stated that on February 15, lawyers from both sides will argue whether the lawsuit is maintainable in the present situation.

After his removal from the cabinet, Baidar had sent a legal notice to Imran to tender an apology and pay Rs1 billion for damaging his reputation. As Khan did not reply to the notice, the former minister approached the court.

Published in The Express Tribune, February 2^nd, 2014.