The Islamabad High Court (IHC) on Thursday decided to form a larger bench to hear the case for Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan's disqualification for "hiding" his alleged daughter Tyrian Jade White in nomination papers.
A citizen has filed a case seeking Khan's disqualification, contending that the former prime minister’s daughter Tyrian was residing in the UK, and that Khan made appropriate arrangements for Tyrian's guardianship but hid the information about her in his nomination papers and affidavit.
The petitioner further said the PTI chief is aware that there is evidence against him, adding that in the past, he would deny Tyrian being his daughter and now he does not respond to it.
He contended that Khan cannot hold any public office or party head's post and should be asked why Article 62 (1F) should not be applied to him.
IHC Chief Justice Aamir Farooq presided over today's hearing of the petition seeking Khan's disqualification.
"Imran Khan has an objection that he is no longer a public office holder. A confirmation has to be taken from the Election Commission regarding the current position," the justice said, adding that the court would seek a notification for the de-notification
He said that the petitioner of the case had challenged Khan's statement from 2018.
Later, the court announced its decision to form a larger bench to hear the case.
On Wednesday, PTI Chairman Imran Khan had filed a plea seeking dismissal of the disqualification case against him in the IHC
A preliminary written response had also been submitted in the court, stating that the IHC’s four judges had previously excused from hearing the matter.
The petition states that the former prime minister no longer holds office as a member of the National Assembly, which is why the application is not admissible. Within the Constitutional jurisdiction, the federal capital’s top court cannot review any affidavit of Khan, the petition states.
According to the preliminary written response filed by Khan’s counsel Barrister Salman Akram Raja, the PTI chief has resigned from the parliament’s lower house and has no intention to join the current assembly. Since he is no longer a public office holder the disqualification petition is not admissible, the response also mentioned.
In addition to producing witnesses and evidence at a competent forum, the cross-examination of witnesses along with their production is required to review the affidavits.
In the written reply, the deposed prime minister — whose government was ousted in April last year following a no-confidence motion — did not respond to any of the allegations levelled in the petition regarding him being Tyrian’s father.
Khan neither confirmed nor denied being her father. He had instead raised an indirect objection to the serving chief justice hearing the case.
The petitioner, Abdul Wahab Baloch, had earlier filed a plea in the same case. The incumbent top judge of the IHC had also earlier excused from hearing the case on August 1, 2018. A judge who has previously excused themselves from a case cannot hear it again.
The court had directed Khan to file a response on the merits of the case or the petition’s admissibility as he deemed fit.
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