In a significant legal victory, Awami National Party (ANP) chief Asfandyar Wali Khan has emerged triumphant in a defamation lawsuit against Pakistan Tehreek-i-Insaf (PTI) leader and former provincial minister Shaukat Ali Yousafzai, resulting in a Rs150 million judgment in his favor.
Additional district and session judge Ejazur Rehman Qazi announced an ex parte verdict in the case as Yousafzai didn’t attend court proceedings.
Asfandyar had sued the PTI leader through his counselsc Tariq Afghan and Sajeed Afridi, for alleging in a presser on July 25, 2019, that the ANP chief had “sold Pashtuns for $25 million.”
Yousafzai was the spokesman for the then-PTI government in Khyber Pakhtunkhwa.
The counsel for Asfandyar told the court that their client was the son of Pakhtun leader Khan Abdul Wali Khan and the grandson of Pakhtun leader Bacha Khan, both prominent leaders of international repute in the Independence Movement.
They emphasized Asfandyar Wali Khan’s extensive political experience, having served multiple terms in the National Assembly, as well as in the Senate and the Khyber Pakhtunkhwa Assembly.
The court noted that while the plaintiff presented six witnesses and substantial evidence, the defendant failed to attend court proceedings and produced only one witness. Consequently, the court proceeded ex parte against Yousafzai.
In its detailed judgment, the court emphasized that the burden of proof lay with the defendant, who failed to provide any evidence to substantiate his allegations. The court determined that the derogatory remarks made by Yousafzai during the press conference were defamatory and lacked any justification or explanation.
Based on the evidence presented, the court ruled in favor of Asfandyar, awarding him Rs100 million in damages and an additional Rs50 million in aggravated damages. The judgment underscored that the plaintiff had successfully established his case and was entitled to the decree sought.
