ISLAMABAD: The member of the Election Commission of Pakistan (ECP) for Punjab, retired Justice Riaz Kayani, has served a legal notice on former additional secretary of the ECP Mohammad Afzal Khan for allegedly making defamatory statements against him.

In the notice issued through his counsel S M. Saleem Shahnazi, Justice Kayani has called upon Mr Khan to pay Rs20 million in damages or tender an unqualified apology within 14 days, failing which legal proceedings could be initiated against him both in civil and criminal courts.

The notice has reminded the former ECP official that he castigated former chief justices Iftikhar Mohammad Chaudhry and Tassaduq Hussain Jillani, retired Justice Khalilur Rehman Ramday and former chief election commissioner retired Justice Fakhruddin G. Ebrahim “for rigging” the last general elections one way or the other, during an interview to a private TV channel telecast on August 24.

The notice has contended that Mr Khan concealed a “true legal aspect of the matter out of ill-will” by stating that Justice Kayani was drawing a monthly salary of Rs1 million as ECP member in addition to collecting a huge amount in pension as retired judge of the high court.

“The truth of the matter is that about 60 retired judges of the superior judiciary were drawing pension under the law in force at that time. My client was not the only exception. However, subsequently the august Supreme Court gave a contrary judgment against which a civil review petition is pending adjudication.

“Thus in the circumstances imputation of corruption against my client was absolutely baseless and out of malice. In fact it was mala fide to expose my client to hatred, contempt, ridicule and tended to injure his spotless career,” Advocate Shahnazi says in the notice.

The notice also mentions the allegation that Justice Kayani was responsible for up to 90 per cent of the wrongdoing taking place recently in the ECP.

It has been claimed in the notice that Mr Khan had sought re-employment and promotion to grade 22, which had been refused by Justice Kayani and the decisions had subsequently been approved by the commission.

It has been pointed out that the ECP in its meeting on Aug 27 had deliberated upon the allegations of rigging and rejected and condemned them as baseless, unfounded and without any truth or substance.

Through his “defamatory statements” the former additional secretary of the ECP has launched “a vicious and venomous public attack” on Justice Kayani’s integrity and honour and as a result the latter has suffered public humility, ridicule, pain, mental anguish, agony and distress, according to the notice.

The “vicious and detestable design” is against the basic human rights protected in Islam, every civilised society and under the 1973 constitution, it says. Justice Kayani enjoys matchless reputation of integrity, knowledge of law and discipline, the notice says. His almost three decades of legal practice were followed by appointments as deputy attorney general, judge of the Lahore High Court, chairman of the Punjab Services Tribunal, chairman of the highrise building commission — a post specifically entrusted to him by the Supreme Court, federal secretary for law and human rights and finally member of the ECP.

Published in Dawn, September 11th , 2014