ISLAMABAD: Larger bench of Islamabad High Court (IHC) adjourned hearing in disqualification case against former Prime Minister Imran Khan for not disclosing his alleged daughter Tyrian White in his nomination papers.

Chief Justice Aamer Farooq while hearing petition inquired whether Imran Khan was currently public office holder, whether merely winning seats makes one public office holder, he asked. Larger bench headed by Chief Justice Aamer Farooq and comprising Justice Mohsin Akhtar Kayani and Justice Arbab Muhammad Tahir heard case. Imran Khan’s lawyer Salman Akram Raja said there was question of admissibility of this application and jurisdiction of court as well. Chief Justice said that we were not asking you to give arguments on merit, if you go on merit, it was 2 minute case by way. Petitioner’s lawyer Hamid Shah said that when court issued notice, Imran Khan should have submitted reply on merits but he raised five objection against plea. PTI’s Chief had adopted stance that he was no more member national assembly, he said.

He said that there was no doubt that he has been disqualified in Tosha Khana case but he had challenged decision of Election Commission of Pakistan in court, adding that court had also stayed elections in said constituency. Petitioner’s lawyer said that Imran Khan’s success notification has been issued from another constituency.

Chief Justice Aamer Farooq said that despite this, Imran Khan was no longer an MNA from that seat. He inquired that if oath is not taken after election, then what would be status and whether head of political party was public office holder? Chief Justice said that this was important to give answers of these questions and asked lawyers to argue on it.

First, an application for corrupt practices could be filed in Election Tribunal but no application has been filed, court said. Chief Justice Aamer Farooq said first we would see if case is admissible and then we would proceed. Petitioner’s lawyer said that there was a decision of American court regarding Imran Khan, adding that Imran Khan has submitted an affidavit in American court. Chief Justice Amir Farooq said that it was not an affidavit but declaration, which was signed by Oath Commissioner in Pakistan. Petitioner’s lawyer said that Imran Khan as father gave declaration to hand over guardianship of his daughter.

Justice Mohsin Akhter Kayani said that word father was not used anywhere in that declaration. Chief Justice inquired that if National Assembly was dissolved today, then what would be fate of this petition?

Chief Justice Amir Farooq said that Faisal Vawda’s case was also based on false affidavit.

Petitioner’s lawyer said that circumstances and events were different in Faisal Vawda case as he had gone to Supreme Court and apologised. Chief Justice Amir Farooq asked if in this case also if he came and ask for forgiveness then? He asked that if it is accepted that affidavit was false, would there be disqualification for life? This court disqualified Khawaja Asif but Supreme Court annulled decision.

Justice Mohsin Akhtar Kayani inquired whether it is possible for person to find out much later that he has child. Can person be disqualified on this basis, he asked.

Chief Justice inquired that if person has adopted child, does he have to disclose it among his dependents? Islamabad High Court adjourned hearing of case till today.

Published in The Daily National Courier, March, 21 2023

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