PESHAWAR: The lawyer for Prime Minister Imran Khan on Thursday requested a local court to return the defamation lawsuit filed by former MPA Fauzia Bibi against his client over the horse-trading charge, insisting it isn’t authorised to hear the case.

The premier’s counsel, Babar Awan, filed an application with additional district and sessions judge Shah Waliullah Hamid Hashmi under Order 7 Rule 10 of Code of Civil Procedure saying the news conference addressed by his client on the matter was held in Islamabad and not in Khyber Pakhtunkhwa and therefore, the case wasn’t maintainable.

The court directed the plaintiff’s counsel, Syed Gufranullah Shah, to file a written reply to the application and fixed Dec 12 for the hearing into the case.

Tells Peshawar court it isn’t authorised to hear case

The former MPA, who was elected on PTI’s ticket on a seat reserved for women, has filed the lawsuit for the recovery of damages to the tune of Rs500 million for defaming her through leveling ‘baseless’ allegations against her by Mr Imran in a news conference accusing her of selling her vote in the Senate elections.

The lawsuit was filed in June this year under the Defamation Ordinance 2002. The only defendant in the lawsuit was PTI chief Imran Khan, who later became the prime minister.

Mr Babar Awan contended that the news conference in question was addressed in Islamabad, whereas the committee constituted for taking action against the plaintiff was also constituted there.

He added that as the cause of action arose there and therefore, it was not in the jurisdiction of the court to deal with the case.

Following several hearings into the case, the court had decided on Oct 24 to begin ex-parte proceeding against Prime Minister Imran Khan over his failure to respond to the court’s summons despite repeated notices.

However, Mr Babar Awan later submitted his power of attorney (wakalatnama) on behalf of the prime minister and requested the court to recall its order of conducting ex-parte proceedings against his client.

Plaintiff Fauzia Bibi said in the March 3 Senate polls, she had followed the direction with effect to vote for all candidates of her party nominated for general and reserved seats for women and technocrats.

She added that Imran Khan later accused her through media of being involved in horse-trading.

The plaintiff said she clarified her position by taking oath on the Holy Quran and denied the allegations and that she even replied to the show cause notice issued by the PTI Secretariat to her on the defendant’s directives.

Published in Dawn, November 23rd, 2018