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 defence in a defamation case.

During arguments, the PTI founder’s counsel Ali Zafar told the court that under the law, a plaintiff must file an application to have the defendant’s right of defence struck off. He said no such request had been filed in the present case.

The trial court had taken suo motu notice to terminate the defence despite having no legal authority to do so, he argued. Sitting on the bench, Justice Hashim Kakar observed that the PTI founder had submitted his initial reply four years late.

Justice Malik asked whether the trial court had taken any action or imposed a fine over the delay in submitting the reply. Zafar responded that although the court had the authority to proceed against the defendant for not filing a reply, that power was never exercised.