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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