Ali Zafar is a senior lawyer of the Supreme Court of Pakistan who has argued several high-profile cases before the apex court in recent years. Son of leading constitutional expert S.M. Zafar, Mr Zafar has considerable experience arguing in the courtroom of former chief justice Iftikhar Mohammad Chaudhry. Dawn spoke to him about the defamation suit filed by the former chief justice against Pakistan Tehreek-i-Insaf chief Imran Khan.

Is there any precedence in the judicial history of Pakistan that a former Chief Justice of Pakistan or a retired judge of the Supreme Court has ever sued a head of a political party by instituting a damages suit?

I have never come across any such instance. This is probably the first time in our judicial history that a defamation notice has been served upon the leader of a political party by a former chief justice of the highest court in the land.

If the matter goes to court, does that bode well for the former chief justice?

One can never say for sure. I have personally seen a number of cases remain pending for ten years or more before different district courts in various cities of the country. There are scores of defamation suits against private television channels, but none of the cases has reached its conclusion. Normally, such cases drag on for years.

But since a former chief justice is involved this time, the case may be expedited and decided in time.

If the litigation really does go through, I do not see it to be smooth sailing for the former chief justice because the onus to prove that Imran Khan had maligned and hurt his reputation would be squarely upon the former chief justice. He may even have to stand in the witness box during the course of the trial, where he will definitely also be cross examined by the defendant’s counsel.

What do you think justice Chaudhry’s intention is in filing this suit?

The former chief justice, from what it seems, wants to get his position vindicated. In Pakistan, defamation suits are usually used as a threat to silence one’s opponents and not really to recover damages or secure financial benefits.

One also can’t be sure what position Imran Khan will take during these proceedings because he has not shown all his cards and can go to any extent to prove his allegations.

In case Imran Khan succeeds in establishing his allegations, this will cease to be a trial of Imran Khan and become a trial of the former chief justice and his character. It will then be the former chief justice in the dock defending himself. The judiciary as an institution will be weakened by this and will be the ultimate loser.

Published in Dawn, July 25th , 2014