SHC judge refuses to hear Fauzia’s case against Ansar
KARACHI: Judge Sindh High Court Justice Muhammad Tasnim has refused to hear the defamation suit of Fauzia Wahab, MNA, and central information secretary of the Pakistan People’s Party against Editor Investigations The News Ansar Abbasi and said the same may be fixed before any other judge for hearing.
When the learned judge took up the case, he came across the application of Ansar Abbasi requesting to call Fauzia Wahab for cross-examination. Counsel for the defendant, Ansar Abbasi, Jam Asif Mahmood, said his client does not reside in Karachi nor his address is over there as stated by Fauzia Wahab. This tantamount to the breach of oath and as such the plaintiff may be summoned to the court so that the defendant could cross-examine her. Before the court adjourned the case for indefinite period, it issued notice to Fauzia Wahab.
The counsel for Ansar Abbasi at this stage invited the attention of the learned court to his application against issuance of interim stay order, without hearing his client, and dismissal of the case and argued to hear the same. The court asked as to what was the urgency that stress was being laid to take up the case during the summer vacation. The defendant’s counsel told the court that since the counsel for the plaintiff had secured urgent stay order after requesting urgent hearing of the case so his request for immediate hearing of the matter to do away with the stay was on merit. It was necessary because the reputation of his client was at stake and an impression was being created that in the past too he was involved in false reporting.
Counsel for Ansar Abbasi, Jam Asif Mahmood, further argued that the court had no jurisdiction to hear the case. He contended that it was a consistent case law of the superior courts that whenever the question of jurisdiction was agitated the same should be decided at the earliest.
The learned judge first adjourned the case but again called the counsel back informing them that he has withdrawn his order and will not hear the case any more and directed that the case be fixed before any other judge.
Earlier, the counsel for the defendant said the high court cannot extend the stay order. If it does so, then the defendant’s protest should also be made part of the order. The advocate told the court that his client always carried out his obligations with dedication and honesty and was never involved in wrong reporting. The reputation of his client was at stake with this stay order. The advocate said within couple of days he will file application for urgent hearing of the pending applications.
Source: The News
Date:6/29/2010
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