ISLAMABAD: The Islamabad High Court has stayed proceedings in a decade-old defamation suit — filed by Prime Minister Imran Khan against Pakistan Muslim League-Nawaz (PML-N) leader Khawaja Mohammad Asif — and issued notices to the prime minister and other witnesses to appear before it on Jan 12.

Mr Khan had filed the Rs10 billion defamation suit in 2012 after the PML-N leader levelled allegations of misappropriation of and money laundering in Shaukat Khanum Memorial Trust funds against the Pakistan Tehreek-i-Insaf leader during a press conference at Punjab House.

During a hearing of Khawaja Asif’s petition, IHC Chief Justice Athar Minallah on Tuesday ordered the additional district and sessions judge (ADSJ) to stop proceedings in the matter, issuing a status quo order.

Mr Asif had challenged the recording of testimony of PM Khan through a video link, claiming that his counsel was denied the right to cross-examine the plaintiff as his statement was recorded in the absence of the defence counsel.

During Tuesday’s proceedings, Chief Justice Minallah wondered how proceedings in a defamation suit had dragged on for nearly a decade.

Mr Asif’s counsel conceded that both parties were responsible for the inordinate delay as both sides had filed several adjournment applications from time to time. He maintained that even though Mr Asif was in the custody of the National Accountability Bureau (NAB) when charges against him were framed by the ADSJ, his client cooperated with the court and did not cause any delay.

However, the lawyer said that at one point in time, the ADSJ denied the right of audience of Mr Asif, which was only restored after the submission of an application and assurance of regular appearance.

He argued that the ADSJ did not complete legal formalities as prescribed in the Civil Procedure Code (CPC) before closing the right of cross-examination. The counsel claimed that the judge went ahead and recorded Mr Khan’s statement on December 17, 2021, even though the defence counsel had informed the court that he was unable to appear due to ill-health.

After hearing the preliminary arguments, Justice Minallah issued notices to PM Khan and other witnesses and adjourned the hearing till January 12.

Published in Dawn, January 5th, 2022