ISLAMABAD: Former chief justice Iftikhar Mohammad Chaudhry filed a Rs20 billion damages suit against PTI chief Imran Khan on Tuesday.

The former CJP also asked to be made a party to the proposed commission the PML-N government and the PTI are discussing to investigate allegations of rigging in the 2013 general elections.

Retired Justice Chaudhry asked that if a commission was constituted, he be allowed to become party to it in support of his viewpoint.

He claimed Rs15 billion in damages for “intentionally causing defamation to his respect within and outside the country by hurling baseless, mischievous, malicious allegations through his speeches, interviews, spoken words” and Rs5 billion “as damages for mental agonies, torture, harassment” (sic).

Islamabad District and Sessions Judge Nazir Ahmed Gajana issued notices to the PTI chairman and sought his reply.

Advocate Ehsanuddin Sheikh, and other counsel appearing on behalf of retired Justice Chaudhry, argued that the plaintiff “had no desire to use the amount of damages that shall be recovered from the defendant for any personal gain. This amount, once recovered shall be dedicated to an honourable cause ... and for the welfare of the downtrodden sections of society”.

The 41-page petition filed by the former CJP starts with a summary of his achievements and the accolades conferred upon him by international organisations.

He contends that on July 26, 2013, the PTI chief used slanderous language against the judiciary and accused the returning officers of rigging May 2013 general elections without any evidence.

It said that when the Supreme Court summoned Mr Khan on Oct 9, 2013, he said that he never meant to abuse or disrespect anyone.

However, after Justice Chaudhry’s retirement on Dec 12 the same year, Khan started using preposterous language against the former CJP in TV programmes, speeches, in public meetings and press conferences, accusing the plaintiff of the rigging in general elections in a bid to favour a political party, the petition said.

In June of last year, Imran Khan alleged that the former CJP had manipulated the elections in connivance with a media group and demanded that a treason case under Article 6 of the Constitution be registered against him, the petition maintained.

The petition pointed out that after the former CJP served Mr Khan a legal notice, the latter responded with an apologetic reply on Aug 2, 2014, which was withdrawn on Aug 27.

Meanwhile, on August 11, Mr Khan also accused retired Justice Khalilur Rehman Ramday of rigging the 2013 elections, the petition said.

During a speech from atop his container at D-Chowk, Mr Khan had also levelled allegations against the former CJP on the basis of a statement given by a former additional secretary of the Election Commission of Pakistan (ECP), the petition said.

It claimed that, “The only grievance of the defendant against the plaintiff is that at his request, the plaintiff did not order open the ballots of four constituencies.”

Published in Dawn, January 21st, 2015

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