Tyrian White: This is a two-minute case, says IHC CJ

ISLAMABAD: Lawyers Monday continued their arguments in the disqualification case against the PTI Chairman and former prime minister Imran Khan for concealing his alleged daughter Tyrian Jade White in his nomination papers.

A larger bench — comprising Justice Mohsin Akhtar Kayani and Justice Arbab Tahir — headed by Chief Justice Aamer Farooq heard the case.

A citizen — Muhammad Sajid — filed the petition with the bench.

Hamid Ali Shah advocate appeared in the court on behalf of the petitioner. The lawyer said he will give arguments on the five points one by one, and raised a total of five objections.

The chief justice inquired whether the Election Commission gave any findings on the affidavit. Replying, the counsel said no findings had ever been given by the Election Commission.

Justice Farooq said everyone was entitled to privacy but the instant case was being heard due to a legal issue.

Addressing Imran’s lawyers, he remarked, “This is a two-minute case ... either you admit or deny and the hearing will come to an end. If you deny, the petition will be dismissed for now and in the next election, someone will bring this issue again.”

Justice Farooq said it was unfortunate for someone’s private life to become a public issue and asked the counsel for Imran to take a clear stand.

The petitioner’s counsel presented five volumes of additional records. Imran’s lawyer Salman Akram Raja did not appear in the court. Salman’s assistant counsel said the petitioner had requested for amending his petition.

“We object to his request and need time to reply in writing,” he said. The chief justice noted that Imran had to answer only two pages and asked if he could submit the reply during the day.

The petitioner’s counsel submitted a concealed copy of the affidavit. Justice Kayani said “guardianship” was written in the affidavit but there was no mention of being a father. “This is a foreign document and an ex-parte order. This document cannot be said to be complete,” he said.

Further, he said the petitioner must prove Imran’s recognition of his daughter. “Even if the daughter has said that he is her father, this is not binding on Imran Khan,” he added.

Justice Kayani said the petitioner must show Imran’s confession in clear words, admitting to being Tyrian’s father. “The petitioner has to clearly show Imran’s paternity to Tyrian,” he said.

“First you need to prove that this girl is Imran Khan’s daughter. Then the issue of Article 62(i)(f) will come,” he added.

The lawyer argued that Jemima and Imran had given a no objection certificate, giving their consent for Tyrian’s guardianship and questioned why no one else had done so. The IHC chief justice also asked the petitioner’s counsel if they had a copy of the case filed there, adding that there must be some document for the judges to see.

The lawyer responded that all foreign records were in front of the court and had been confirmed by the Foreign Office.

“If Imran Khan is not related to Tyrian, why did he give the affidavit of guardianship?” he questioned. Justice Kayani said many people were guardians of children but they were not fathers.

Referring to conducting a DNA test, the judge said, “It is only the girl who can say that this is my father, how can a third person say it?”

He said if anyone could go to court in this case, it was Tyrian herself. “She can say that my father should have declared me as his daughter but how did a third party become the victim in this case?” he questioned.

Chief Justice Aamer Farooq asked if there was a response from Imran Khan in this case and for the petitioner’s counsel to show the records. “Go through your documents in their entirety, organize them and tell us in the next hearing. Show us, was there full ex parte action in California?” The court adjourned the hearing till next Monday.