Jang/Geo defamation case: Court grants 10 days to Imran Khan's counsel

ISLAMABAD: A court in Islamabad conducted its fourth hearing on Monday into a defamation suit against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan for leveling baseless, concocted, fabricated and false allegations against the Jang and Geo Group.

During proceedings, a junior lawyer requested Additional District and Sessions Judge Sikandar Khan to grant Advocate Babar Awan ten days' time to submit his vakalatnama (power of attorney documents) to represent Imran Khan in court as his counsel.

The judge accepted his request and subsequently adjourned the hearing until April 18.

Prior to Monday's proceedings, the court had issued summons for Imran, warning of initiating ex-parte proceedings against him if he or his counsel does not appear before the court. Neither Imran nor his lawyer have turned up in court since the preliminary hearing in the case or issuance of notice against him.

Last month, a court official, on the orders of Additional Sessions Judge Sikandar Khan, had pasted court summons on Imran's residence in Banigala. It was said in the summons that if Imran Khan or his counsel does not appear on the next hearing on April 9, ex-parte proceedings would be initiated against him. The PTI chief was advised to appear in person or through his lawyer in the court of Additional Sessions Judge Sikandar Khan at 8:00am on April 9 (Monday). 

The Additional Sessions judge had issued these instructions during the third hearing of the case on March 22. On the two previous hearings, neither Imran nor his lawyer appeared before the court despite receiving the court summons, following which the judge ordered court officials to paste the court summons at Imran's Banigala residence.

Editor-in-Chief and Group Chief Executive Jang Group Mir Shakil-ur-Rahman had filed the suit for damages under the Defamation Ordinance 2002 after the PTI chairperson leveled allegations against the Geo and Jang Group of taking money from Nawaz Sharif, getting additional ads from the government, following US and Indian agenda for money. He accused the Group’s Editor-in Chief of being 'blackmailer', 'Firon' and 'media godfather', repeating each charge many times, but ran away when the court summoned him.

According to the plaintiff, mandate of Section 14 of the Defamation Ordinance 2002 requires adjudication of the matter within 90 days. Plaintiff Jang/ Geo group stated in the suit that the instant case is not a simple case of defamation; it is a murder rather a massacre of a reputation.

The defamation suit

The legal notice served on the PTI chairperson demanded that he issue an unconditional public apology and pay Rs1 billion in “token” damages for making numerous defamatory statements against the Jang-Geo Group and its Chief Executive and Editor-in-Chief Mir Shakil-ur-Rahman over the last four years.

The legal notice was issued in response to many “completely false and misleading... highly defamatory, disparaging and damaging” accusations intermittently made by Khan against the Jang-Geo Group and its chief executive since 2014.

"As a result of your recent representations, statements and expressions on electronic and print media and other forums and the resultant impressions, innuendoes and insinuations that have followed, grave defamation of Jang Group has been committed by you before an audience of millions of viewers and readers both in Pakistan and abroad,” the notice said.

"The allegations are completely false and unfounded and evidently motivated. Your expressions have personal and ulterior motives and objectives, have malice in its construct and portray your biased bend of mind towards Jang Group,” it said.

The legal notice chronologically listed the allegations made by Khan against the Jang-Geo Group, providing evidence of them in the form of transcripts of the defamatory statements he has made during public and media engagements over the past four years.

Among the many unsubstantiated allegations made by Khan, he accused Pakistan's leading media house of manipulating the 2013 general election results in favour of the Pakistan Muslim League-Nawaz party.

Similarly, Khan accused the Jang-Geo Group of misreporting events surrounding the Supreme Court hearing into the ‘Panama Papers’ disclosures, supposedly in an attempt to shield the then prime minister Nawaz Sharif from corruption charges and allegedly defame the judiciary.

Khan chose to ignore the fact that his petition to the Supreme Court and its subsequent proceedings would not have been possible had the facts contained in the Panama Papers not been uncovered by Jang-Geo Group journalists in the first instance.

Likewise, Khan accused the Jang-Geo Group of illegally acquiring broadcast rights for the coverage of the 2017 limited-overs cricket series between Pakistan and Sri Lanka.

With such baseless defamatory remarks failing to gain traction, Khan also stooped to defaming the Jang-Geo Group as an allegedly treasonous organisation working in tandem with Pakistan’s enemies in India and the United States.

In doing so, Khan seriously endangered the lives of Jang-Geo Group’s employees.

"Your expressions also are such that these amount to direct provocation and incitement to the members of the public, particularly your political supporters and workers, to act against the Jang Group, which seriously endanger life, property and business of the group and those associated and affiliated with it,” said the legal notice served to Khan on Saturday.

Unable to corroborate any of his defamatory statements, Khan has resorted to the personal vilification of Jang-Geo Group Chief Executive and Editor-in-Chief Mir Shakil-ur-Rehman, whom he has characterised as a “blackmailer”, “media godfather” and “pharoah”, and accused of intimidation.

Despite the untold damage caused by Khan’s slanderous campaign, the management of the Jang-Geo Group has been hesitant to initiate legal proceedings against Khan because of its commitment to the democratic principle of freedom of expression.

Rather than responding in kind, the Jang-Geo Group has upheld its ethical credentials by maintaining its substantial, impartial coverage of Khan and his PTI party.

The Jang-Geo Group has offered to submit to an independent, impartial inquiry into the accusations made against it by Khan, who has refused to participate for obvious reasons.

"The Jang Group acted with perseverance and decided not to initiate a legal action for defamation against you, despite highly objectionable and provocative allegations and showed utmost patience, perseverance and restraint,” the legal notice said.

"Such (a) course was adopted by Jang Group, believing that someday wisdom would prevail amongst the leadership of PTI and the party would stop its policy of regression and intolerance towards difference of opinion and dissent.”

Details of the legal notice against Imran Khan can be read here.