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Judge Ayesha Malik. PHOTO: ARCHIVE
ISLAMABAD:
A three-member bench of the Supreme Court, headed by Justice Ayesha Malik, on Thursday heard a review petition filed by the PTI founder against the termination of his right of defense in a defamation case.
During the arguments, PTI founder’s lawyer Ali Zafar told the court that as per law, the plaintiff must file an application seeking to have the accused’s right of defense quashed. He said that no such application had been made in the present case.
The trial court had taken suo motu notice to end the defense despite having no legal authority to do so, he argued. Sitting on the bench, Justice Hashim Kakar observed that the PTI founder had filed his initial reply four years late.
Justice Malik asked whether the trial court had taken any action or imposed a fine for the delay in filing the reply. Zafar responded that while the court had the authority to proceed against the accused for failing to file a reply, that power was never exercised.
