ISLAMABAD: After putting up with attacks on his integrity for weeks, former chief justice Iftikhar Mohammad Chaudhry finally served a Rs20 billion defamation notice on Pakistan Tehreek-i-Insaf (PTI) chief Imran Khan.

Of the Rs20 billion, Chaudhry is claiming Rs15 billion in damages and Rs5 billion as compensation for the mental agony, harassment and humiliation he and his family has had to face as a result of Khan’s defamatory campaign.

In recent months, Mr Khan has accused the former top judge of “selling himself cheaply” to secure a position for his son Arsalan Iftikhar on the Balochistan Board of Investment, in addition to making allegations regarding the former chief justice’s role in ‘rigging’ the elections in favour of the PML-N.

This is the first defamation notice ever served by a former chief justice of Pakistan to head of a political party.

Iftikhar Chaudhry gives PTI chief 15 days to tender unconditional apology

Copies of the notice were shared with the press at the Supreme Court by Sheikh Ehsanuddin, former president of the Rawalpindi High Court Bar Association (RHCBA), Islamabad District Bar President Naseer Kiani and former RHCBA President Taufiq Asif.

“I have no desire to use the damages that shall be recovered from you for my personal gain. This sum, once recovered, shall be dedicated to an honourable cause, for furthering of a national institution and for the welfare of the downtrodden sections of our society,” the retired Justice Chaudhry said in the notice.

But the defamation suit, filed under Section 8 of the Defamation Ordinance of 2002, also contains an offer to withdraw the claim if Mr Khan tenders an unconditional apology or agrees to pay the damages within 14 days.

“Otherwise, I would have no option except to bring a civil action against you before the competent forum in accordance with law,” the notice warned, adding that civil and criminal proceedings would be initiated against Mr Khan both inside and outside Pakistan if an unconditional apology was not tendered.

“We will be forced to formally move the defamation case before Islamabad’s district court (if) no apology is forthcoming after the expiry of 14 days,” Ehsanuddin told Dawn, adding that he would be leading the legal team if the case went to court.

“Imran Khan should take the notice seriously and respond to it because he could be disqualified from the National Assembly if the contents of the notice are proved in a court of law,” senior lawyer Chaudhry Faisal Hussain told Dawn.

Others, however, were more cynical and said the suit was liable to drag on for years, given the current state of our lower courts.

PTI Senior Vice President and seasoned lawyer Hamid Khan told Dawn the party had yet to receive the notice, adding that they would consider a response after going through it.

The notice mentions a number of Khan’s press conferences, where he spoke disparagingly about the former chief justice; calling him an ‘Indian umpire’ for his alleged role in rigging elections, in collaboration with a particular media house.

“Perhaps, in making these baseless allegations, you (Khan) wanted to extract revenge from the court for not getting relief in respect of four select electoral constituencies, where you alleged rigging had taken place,” the notice states.

“Perhaps you had hoped that your political might would allow you to extract ‘forced justice’ from the Supreme Court. But you forgot that in a civilised society, no matter how high and mighty a petitioner (may) be, he cannot extract ‘forced justice.’ Dirty tactics like slandering cannot intimidate judges who possess moral courage,” the notice explained.

The complainant avoided reacting to the excesses, the notice argued, because as per his judicial training, he believed in exercising self -restraint and tolerance in personal matters. Yet Khan crossed all bounds of civility by demanding action under Article 6 of the Constitution, the notice regretted.

Published in Dawn, July 25th, 2014