ISLAMABAD: Pakistan Muslim League-Nawaz (PML-N) senior leader Khawaja Asif challenged in the Islamabad High Court (IHC) on Monday the legality of the statement of Prime Minister Imran Khan recorded through a video link in a defamation suit filed by the latter over the former’s allegations about misappropriation of funds of Shaukat Khanam Memorial Trust (SKMT).

IHC Chief Justice Athar Minallah will take up the petition on Tuesday (today).

Imran Khan had filed the defamation suit against Khawaja Asif in 2012 for recovery of Rs10 billion as the latter had at a press conference levelled allegations about misappropriation of and money laundering through the SKMT funds.

In his suit, Mr Khan referred to the August 1, 2012 press conference at which the PML-N stalwart had alleged that the PTI chief had lost in ‘real estate gambling’ a huge amount of fund donated to the SKMT in the form of Zakat, Fitrana or other kinds of donations.

IHC chief justice to take up PML-N leader’s petition today

The prime minister, while recording his statement before the digitally connected court, which was presided over by Additional District and Sessions Judge (ADSJ) Mohammad Adnan, said he was the biggest individual donor of the SKMT from 1991 to 2009 and the investments, against which allegations had been made, were fully recovered by the SKMT without any loss. Mr Khan said fabricated and baseless allegations were made to undermine people’s confidence in the SKMT.

In his petition, Mr Asif said the ADSJ had unilaterally closed his right of cross-examination of Mr Khan. According to the petition, the issues in the suit were framed on January 5, 2021 and the petitioner submitted the list of witnesses on January 16.

It contended that the petitioner had filed multiple applications for increasing the number of defence witnesses, but the ADSJ, without deciding these applications, proceeded ex parte in the matter.

Mr Asif filed an application for setting aside the ex parte proceedings which was dismissed on October 23, 2021. On November 26, Mr Asif’s counsel, in order to join the proceedings, again filed an application which was also dismissed by the court. However, the ADSJ allowed Mr Asif’s verbal request for submitting an affidavit subject to payment of Rs5,000.

The petition stated that on December 17, before the commencement of proceedings, the court was informed that Mr Asif’s counsel was unable to appear because of sickness, but the ADSJ recorded the statement of PM Khan in the absence of the defence counsel. It requested the IHC to set aside the ADSJ’s order.

Published in Dawn, January 4th, 2022