Supreme Court Restores PTI Founder’s Right to Defense in Defamation Case Filed by Shehbaz Sharif

Islamabad (Qudrat Daily) – The Supreme Court of Pakistan has restored the PTI founder’s right to defense in the defamation case filed by Prime Minister Shehbaz Sharif.

A three-member bench headed by Ayesha Malik heard the review petition. The bench also included Hashim Kakar and Ishtiaq Ibrahim. The court issued a written judgment, with separate notes from all three judges.

In the review proceedings, Justice Ayesha Malik and Justice Ishtiaq Ibrahim set aside the earlier decisions that had deprived the PTI founder of his right to defense. The two judges also nullified the relevant rulings of the Supreme Court, the Lahore High Court, and the trial court.

By a majority decision, the Supreme Court accepted the review petition and restored the PTI founder’s right to defend himself in the case. The court declared the previous orders terminating his defense rights invalid and remanded the defamation case back to the trial court.

According to the written judgment, the Supreme Court also set aside the majority decision issued on December 29, 2022, by a three-member bench. The trial court was directed to provide the PTI founder with a reasonable opportunity to submit answers to the questions raised in the case and then proceed with the matter in accordance with the law.

Justice Hashim Kakar’s Dissenting Note

Justice Hashim Kakar issued a dissenting opinion, describing the case as a classic example of judicial helplessness and extraordinary delay on the part of the petitioner.

He noted that the case was filed in 2017 and that the petitioner took nearly four years to submit responses. Despite receiving questions on March 16, 2022, and being granted five to six opportunities, the petitioner failed to provide answers.

The dissenting note further stated that, according to court records, a draft of the responses had already been prepared by April 26, 2022, with only the senior counsel’s signature remaining. Instead of complying with court orders, additional objections were filed, allegedly causing further delays in the proceedings.

Justice Kakar maintained that the petitioner’s conduct reflected deliberate non-compliance with court directives and argued that the scope of review jurisdiction is limited, with no apparent error in the earlier majority judgment.

Background of the Case

In 2022, a three-member Supreme Court bench headed by Mansoor Ali Shah had terminated the PTI founder’s right to defense. The bench also included Amin-ud-Din Khan and Justice Ayesha Malik.

The majority decision at that time was delivered by Justices Mansoor Ali Shah and Amin-ud-Din Khan, while Justice Ayesha Malik had dissented and opposed the termination of the PTI founder’s right to defense. She later headed the bench that restored that right through the latest majority ruling.