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Justice Ayesha Malik. PHOTO: FILE
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 arguments, PTI founder’s lawyer Ali Zafar told the court that under the law, a plaintiff must file an application to have the defendant’s right to defense waived. He said no such request had been filed in this case.
The High 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 first reply four years late.
Justice Malik asked whether the high court had taken any action or imposed a fine due to the delay in filing the reply. Zafar responded that although the court had authority to proceed against the defendant for failure to file an answer, that authority was never exercised.
