LAHORE: The Supreme Court on Tuesday heard initial arguments of former prime minister Imran Khan’s counsel against a dismissal of his petition by the Lahore High Court challenging seizure of his right to file objections to the interrogatories of PM Shehbaz Sharif in a defamation suit against the former.

Barrister Syed Ali Zafar, the counsel for Khan, argued that the trial court unlawfully struck the right of the petitioner to answer the interrogatories of the respondent (Shehbaz). He said the trial court exercised its suo motu powers to seize the right of the petitioner to file objections.

Advocate Mustafa Ramday appeared on behalf of the prime minister and argued that the trial court passed the decision after the petitioner failed to file his reply despite repeated opportunities.

Justice Syed Mansoor Ali Shah, who was heading a three-member bench, asked the petitioner’s counsel why did he not file the reply on four hearings before the trial court.

The judge observed that the trial court might have got an impression that the petitioner was using delaying tactics.

Barrister Zafar said the trial court was asked for a time after Khan sustained injuries in the Wazirabad attack.

The SC will resume hearing on Wednesday (today).

PM Shehbaz filed a suit for recovery of Rs10bn as damages for defamation from Khan in 2017 for accusing the former of offering him Rs10bn through a common friend in exchange for withdrawing the case of Panama Papers pending before the Supreme Court.

Khan filed a contesting statement before the trial court and Shehbaz filed his interrogatories, a copy of which was handed over to the petitioner’s (Khan) counsel for filing answer to the same. The petitioner instead of filing answers to the interrogatories, filed objections to the interrogatories.

The trial court overruled the objections being filed beyond the stipulated period.

The trial court overruling the objections of Khan directed him to file answers to the interrogatories of the respondent. However, the petitioner did not file the answers. Resultantly, his right of defence was struck by the trial court.

The LHC on Dec 7 dismissed a petition of Khan against the decision of the trial court.

Published in Dawn, December 28th, 2022