PESHAWAR: A local court here on Wednesday reserved its order over an application filed by Prime Minister Imran Khan’s counsel, requesting it to return a defamation suit filed by former MPA Fauzia Bibi against him as the court lacks jurisdiction in this regard.

Additional District and Sessions Judge Shah Waliullah Hamid Hashmi fixed Jan 30 for pronouncing the order after completion of arguments by both the parties.

Senior advocate Babar Awan, representing the prime minister, had filed the application under Order 7 Rule 10 of Code of Civil Procedure stating that the press conference in question addressed by his client was held in Islamabad and not in Khyber Pakhtunkhwa.

Advocate Syed Gufranullah Shah, representing the plaintiff, requested the court to dismiss the application of the prime minister as the court had jurisdiction to hear the plaint.

Fixes Jan 30 for announcement of order

The former MPA, who was elected on reserved seats for women on PTI’s ticket, has filed the suit for recovery of damages to the tune of Rs500 million for defaming her through levelling “baseless” allegations against her by Mr Khan in a press conference accusing her of selling her vote in the Senate elections.

The suit was filed in June last year under the Defamation Ordinance 2002. The only defendant in the suit is PTI chief Imran Khan, who subsequently became prime minister.

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

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

Mr Awan cited several judgments of the superior courts in support of his contentions and requested the court to return the plaint.

Syed Ghufranullah Shah argued that his client was member of Khyber Pakhtunkhwa Assembly and the statement of Mr Khan was related to her stint as member of the assembly.

He added that the allegations against her were levelled in connection of Senate elections for which she had cast vote at KP Assembly.

He said that the Defamation Ordinance 2002 was a special law and it had overriding effect over other laws.

He stated that under the said law the Peshawar district court was the relevant forum for hearing the defamation suit.

He contended that in the Senate polls held on March 3, 2018, Ms Bibi had followed the direction with effect to cast vote in favour of all the candidates of her party nominated against general and reserved seats for women and technocrats.

Mr Shah said that after the Senate polls, defendant Imran Khan Niazi started uttering, spreading and resorting to publication, communication and circulation of maliciously false, baseless and unfounded oral statements and representation against the plaintiff.

He said that the defendant accused the plaintiff for horse-trading by way of selling her vote for money, through all electronic, print and social media, which was broadcast on all TV and radio channels, uploaded and posted on social media and published in all leading newspapers including those in Peshawar.

The plaintiff states that no sooner had she received information about the defamatory statement, she clarified her position by taking oath on the Holy Quran and denied the allegations.

Published in Dawn, January 24th, 2019