PTI chief challenges legality of suit filed by ex-CJP

Malik Asad Published May 10, 2015

Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan, his counsel Dr Babar Awan and former Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry. — INP/Online/file

ISLAMABAD: Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan on Saturday challenged the legality of a Rs20 billion defamation suit filed against him by the former Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry.

Mr Khan through his counsel Dr Babar Awan filed an application before the district and sessions judge (DSJ) Tanvir Mir that the DSJ could not take cognizance of the defamation suit of Rs20 billion, as under the law it could take up a case worth Rs3 million.

He further contended that former senator Faisal Raza Abidi had leveled similar allegations against Justice Chaudhry, while the latter was the CJP.

Read: I'm waiting to face Iftikhar Chaudhry in court: Imran Khan

The application further contended that Justice Chaudhry did not deny or rebut these allegations, therefore the applicant presumed that whatever Mr Abidi had alleged was correct.

Mr Khan also pointed out that under the procedure, a defamation suit could only be filed after serving a legal notice. The applicant claimed that Justice Chaudhry did not serve him a legal notice prior to the filing of the suit.

Reacting to the application, Justice Chaudhry’s counsel Advocate Ahsanuddin Sheikh told Dawn: “The application was based on frivolous grounds.”

Also read: No link of defamation suit against Imran with JC: Iftikhar

He claimed that the former CJP had served a legal notice to the PTI chief three months before the filing of the defamation suit. The legal notice to Mr Khan had also been widely published in the print media and discussed on television programmes, he added.

Discussing the former senator Abidi’s remarks against the CJP, advocate Sheikh said that it was the prerogative of Justice Chaudhry to file the suit for damages against any specific person or not.

As far as the pecuniary jurisdiction of the court is concerned, the lawyer said that it has also been decided. The suit was filed under the defamation laws where there is no limit of money and one can file a suit for an even higher amount.

Also read: Imran distances himself from letter ‘praising’ Iftikhar Chaudhry

The former CJP claimed Rs15 billion from Khan for hurling baseless allegations through his speeches and Rs5 billion “as damages for mental agonies, torture, harassment”.

In June last year according to the defamation suit, Imran Khan alleged that CJP Chaudhry in connivance with a media group manipulated the elections. The legal suit further alleged that during his daily speech from the container at D-Chowk, Mr Khan on the basis of a statement of former additional secretary of the Election Commission of Pakistan (ECP) leveled serious allegations against Justice Chaudhry.

Also read: SHC fines Imran Khan Rs50,000 over MQM defamation case

Published in Dawn, May 10th, 2015

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Comments (41) Closed

Faraz

May 10, 2015 09:26am

Just watching the delaying tactics of IK.All Pakistan knows that the legal notice was served to IK.People like Babar Awan who has no credibility will further deteriorate the moral position of IK.Its time to prove the allegation rather than delaying tactics

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Khan Chacha

May 10, 2015 09:31am

Former is making a fool of himself. He cannot gain anything from a case like this, only damage his reputation further.

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Khan

May 10, 2015 09:39am

PTI and IK are using Abdul Hafeez Pirzada and Babar Awan for their cases in the Supreme court. What a pity! These both lawyers are highly controverial and expensive. The former has spent his whole professional life on defending dictators and later had been the one who had looted millions of rupees while representing PPP governments senseless adventures and especially his adventurous attitude against the ex Chief of Supreme Court. Babar Awan is notoriously famous for his personal grudge against same . And now PTI is using two most notorious black coats to nake the courts as theatre. IK knows he could not win the game by hook so he is trying to win it by crooks.

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Awais Ali

May 10, 2015 10:14am

Brave man. I salute your courage IK.

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Khurram

May 10, 2015 10:17am

So Imran's lawyer is saying in the court that he is under the tutelage of Faisal Raza Abidi and only repeats without inquiry what Mr. Abidi has said previously. Nice Try!

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pak47

May 10, 2015 10:22am

"Mr Khan through his counsel Dr Babar Awan filed an application " Looks like another corrupt is in PTI's bag. I think Naya Pakistan narrative is getting old and familiar now.

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Abid Saleem

May 10, 2015 10:42am

I amazed to see babar awan with IK who is responsible of all balck and white crimes of zarxdari era and now he become the right hand of IK....it means IK have no principles if some one just praise than he give accompany to him

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May 10, 2015 11:20am

@Abid Saleem : It is not only Babar Awan and Shah Mahmood Qureshi etc, but many others such as the PML-N's MNA from Mandi Bahauddin (Punjab) who was de-notified by ECP for submitting a fake degree who have all joined Imran Khan. PTI will no different than the PPP and the PML-N whenever it comes to power. PTI was meant to be the first clean and non personality centric institution in the country but it is sad to see that it did not follow those values.

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Rehan

May 10, 2015 11:31am

It is ironic to see Babar Awan as IK legal representative. He was corrupt in the Zaradri Gov. and now his is IK loyal legal adviser. This just shows IK real character and double standard. He is becoming more of a joke than a trust worthy leader.

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Casper Smart

May 10, 2015 11:33am

@Abid Saleem he is just a lawyer and representing Imran khan in one case and he doesn't do it for free he obviously charge fees it's like any other lawyer representing other people he is not part of PTI legal team what so ever do your research before commenting mate.

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asad

May 10, 2015 11:33am

Imran khan has babar awan as councel who has a fake phd and was responsible for the nandipur power plant fiasco.

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Khalid

May 10, 2015 11:35am

@Abid Saleem. dont worry brother, he is a top lawyer and he is hired for the same reasons just for this case , not that he will be making or influencing IK's/PTI's policies.

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Sandhu

May 10, 2015 11:41am

@Abid Saleem he is his lawyer and for lawyer it does not matter from where he belongs to. Babar awn do not join PTI yet. Mind it.

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Amin

May 10, 2015 11:41am

Imran can only damage his credibility by associating with the likes of dubious characters such as Babar Awan

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Sandhu

May 10, 2015 11:45am

@AW MNA from Mandibhaodin was not from PML-N he was independently won the election and now join PTI. And Baber awan do not join PTI yet. he is lawyer of IK in this case. And tell me any corruption case on shah mehmood qureshi? Don,t criticize PTI just because you don,t like IK for no reason.

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Concerned Pakistani

May 10, 2015 12:21pm

So Imran has no proof again for what he alleged Chaudhary and only what he heard Abdi he repeated. Lame excuses.....and poor stand taken by a leader.

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Junaid

May 10, 2015 12:28pm

@Sandhu ..Buddy have you seen poor people kissing this Makhdooms and donating their life time savings to this so called religious leaders like SMQ. Shame

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JAVAID BASHIR

May 10, 2015 12:42pm

I do not think Iftikhar Ch.'s claim of defamation can succeed because the allegation are not malicious or wilful. These are based on truth and can be verified by other sources too. certain points raised by Dr. Babar Awan are valid, but not all. it is the prerogative of CJP to drag anyone in the court even if the entire nation has said the samething. It is his right to choose and file the defamation suit against the one who he prefers over the others. There is no merit in the case. The truth in itself is the great defense against the defamation matter. Read the defamation law again to understand the mechanics of the said law and its implications .

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FeudalKingdom

May 10, 2015 12:45pm

IK knows he'll lose the case in the end, so he's just trying to reduce the money he is going to have to pay.

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JAVAID BASHIR

May 10, 2015 12:49pm

we must restrict our comments to the case instead of criticizing persons. Baber Awan is an upright man. He is representing his Client as a lawyer. He is not the part of P T I legal team.

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Kamran

May 10, 2015 01:18pm

As someone who does not agree with Imran Khan's politics, I am very happy that he has people like Babar Awan as his advisers!

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IMRAN ALI

May 10, 2015 02:20pm

Mr. Naizi face the defamation case..don't hide behind Abidi

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atif

May 10, 2015 02:24pm

the legal counsel of ex cj might be missing a point here. i m no lawyer but what i have read is that if a person condones an act by someone by not taking an action against it, he is on a weaker footings to claim redressal for it later. it is specifically true for defamation coz if u condone one set of 'allegations' by one person, it implies u r accepting it. this principle is applied in cases like matrimonial adultery where if a spouse condones unfaithfulness of his or her spouse once, it leaves him in a weak position to make adultery the ground for divorce. http://www.mississippifamilylawyerblog.com/2014/09/condoning-marital-misconduct-c.html our ex cj does not seem to be very well versed with the law, it seems so

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atif

May 10, 2015 02:36pm

@JAVAID BASHIR javed, but does the inaction by ex cj on allegations by others not amounting to 'condoning'. the allegations by faisal raza abidi were equally grave or ever graver and ex cj chose not to reply it. by not doing it, that too in a matter questioning his integrity, he has, in a way accepted it. in my view, that is a valid point too

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Umer

May 10, 2015 02:52pm

@Abid Saleem He is the lawyer for this case. The hate in your mind made you term him as right hand of IK. That is funny.

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Tahir Alyana

May 10, 2015 03:08pm

@Khan: Both these lawyers are professional lawyers and are not affiliated with PTI in any way. Any one can hire their services and if PTI has hired them whats wrong in it????

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Tahir Alyana

May 10, 2015 03:11pm

@Abid Saleem : Babar Awan is a professional lawyer and, even if he is corrupt, he is not defending IK corruption. IK has hired his services considering the nature of the case and lawyers suitability. I think its very good decision by IK.

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Shahzad

May 10, 2015 03:29pm

Former CJP is a genuine law man who rescued this country from the clutches of a dictator, he Deserves Respect. IK is in no position to tell him to fix a lower rate for defamation notice. I think the CJP should pursue the case with full force. IK must also not try to derail the development process which has been started in the country after decades. If we also missed this train then the country will not see such investment in decades to come. Further we have our and our children future tied with this country, all those who are indian agents must leave this country and spent their life in peace.

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Shahzad

May 10, 2015 03:30pm

@Khan raised very good points.

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Shafiq

May 10, 2015 03:30pm

I hope they grow up. IK will never match the achievements of the retired chief justice. Why indulge in silly war of words?

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msm

May 10, 2015 04:00pm

My dear IK, even if you have done this following Faisal Raza Abidi, don't worry at all, just stick to your stance, don't try to find a refuge. Just take the lesson of bravery from Faisal Raza Abidi. You have a whole party behind you, where as Faisal Raza Abidi, is all alone now, worldly. Still he stand courageously. Have faith in the might of Al Mighty, just like Faisal Raza Abidi has.

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Juliana Fitzwater

May 10, 2015 04:28pm

Come on IK. Where are your proofs now? If you dont have any - be a man and apologize!

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umair

May 10, 2015 04:30pm

All the rejects joining Imran Khan. Maybe IK should do a background check before standing alongside such people.

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fida sayani USA

May 10, 2015 04:55pm

Since honor is involved in the case of both the gentlemen, the best solution is to give them the fully loaded guns and to let them face each other and solve the problem once and for all the time. This old way is the best way and will save lots of Pakistani tax payer money.

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Haider Rehman

May 10, 2015 05:55pm

Babar Awan is a lawyer. Nothing more or less...

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Hasan Ch

May 10, 2015 06:00pm

I think the picture says it all, dats where this case is gona end: look at IK' hands... :)

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IMRAN ALI

May 10, 2015 07:00pm

A man is know by the company he keeps..

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May 10, 2015 09:07pm

Twenty billion lawsuit? It is a little bit unrealistic figure considering former Chief Justice worth now a days. I think he has a better chance to win the case if he replaces 20 billion for an American Dollar.

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jami

May 10, 2015 09:53pm

The only person who is losing every thing is Justice Chaudhary, such type of activities does not suite for a retired CJP or even a senior judge.

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Faraz

May 10, 2015 11:02pm

@Casper Smart Please read the statement of PTI legal team in this case where Hamid Khan apologise from Iftikhar Chaudhry. After that IK revert back the response presented by Hamid Khan. IK is a double standard person who could do anything to become the ruler.

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Hashim

May 11, 2015 06:29am

Imran Khan standing shoulder to shoulder with Babar Awan. Just waiting to see IK holding hands with Asif Zardari and Bilawal, and maybe later, even with Altaf Hussain in London. So much for principles. That's the change that was IK was proclaiming. Bring back PPP and their likes under the garb of PTI, as being a member of the PTI usually means you have a clean chit and all your sins have been washed. PATHETIC !!!

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