Imran Khan's Tyrian White case adjourned without hearing
Pakistan
Petitioner seeks PTI chief's disqualification for not disclosing his daughter in nomination papers
ISLAMABAD (Dunya News) – The Islamabad High Court (IHC) on Wednesday adjourned a petition seeking Imran Khan's disqualification "for concealing his alleged daughter Tyrian White’s name in the nomination papers" due to unavailability of a judge.
A larger bench of IHC comprising Chief Justice Aamer Farooq, Justice Mohsin Akhter Kayani and Justice Arbab Muhammad Tahir was scheduled to hear the case on Wednesday but it was adjourned due to leave of Justice Kayani. The next date of hearing would be announced later, officials said.
The petitioner, Mohammad Sajid, contended that Mr Khan had disclosed his two sons and not his alleged daughter Tyrian White in the nomination papers. He sought the disqualification of the former premier under Article 62(i)(f).
Previous Hearing
On March 1, the IHC bench directed the petitioner’s lawyer to conclude arguments on the next hearing in a disqualification case against the PTI chairman. At the outset of the previous hearing, the petitioner’s lawyer Hamid Ali Shah said the PTI chairman had not mentioned his alleged daughter in his nomination papers submitted to the Election Commission of Pakistan (ECP).
He prayed the court to de-seat Imran Khan after disqualifying him from membership of parliament. The court asked if the respondent was not a member of parliament anymore, then what should be done.
Imran’s lawyer Salman Akram Raja said the ECP had decided the said matter twice. The court remarked that the petitioner had adopted the stance that Imran Khan had not provided the correct information in his nomination papers. The ECP had to answer on this point as well, it added.
The court remarked that how the ‘quo-warranto’ could be applied on Imran Khan when he was no more a member of parliament, adding that the defence lawyer had also raised the same point.
The petitioner’s lawyer said the PTI chief was still a member parliament as he had won the by-polls on seven seats and the ECP had issued notification of his victory. He said that Imran Khan had the status of MNA-elect.
The bench asked whether it was compulsory to share the details of kids in accordance with the Election Act. The lawyer said it was not necessary for a member to tell the details of children separately but sharing the assets’ details of the kids was compulsory. He said that indirectly it was compulsory to share the information of kids.
The ECP lawyer said section 137 of the Election Act stated that a member had to share his assets details and liabilities.
Petitioner’s counsel Hamid Shah said the oath was necessary for discharging official responsibilities in parliament. However, the petitioner’s lawyer contended that a member started to receive the perks after notification of his victory was issued. He said the Election Act also described the punishment on a false statement about the tax returns. The court remarked that it meant that only the election would be challenged against the documents submitted.
The court on the occasion also instructed the petitioner to bring all the references pertaining to Tyrian White on record.
Meanwhile, Salman Akram Raja said the petition against his client Imran Khan was not maintainable. The petitioner’s lawyer said this matter was raised in the election tribunal as well but no comprehensive judgment was passed.
