ISLAMABAD - Islamabad High Court judge AamEr Farooq on Monday recused himself from hearing a petition seeking disqualification of Pakistan Tehreek-e-Pakistan chief Imran Khan under Article 62 of the Constitution.

Justice Farooq after taking up the petition referred the matter to IHC Chief Justice Muhammad Anwar Khan Kasi, requesting him to constitute another bench.

Earlier, Justice Aamer had reserved his judgment on the maintainability of the plea after hearing arguments on the petition of Hafiz Ihtesham Ahmed.

The IHC judge announced the verdict two hours later, recusing himself from hearing the petition.

The petitioner had moved the court in person contending that the PTI chief had filed his nomination papers in five constituencies of the National Assembly — NA-26 Bannu, NA-53 Islamabad, NA-95 Mianwali, NA-131 Lahore and NA-243 Karachi — ‘falsely’ declaring that he fulfilled the qualification under Article 62 of Constitution and was not subjected to disqualification under Article 63.

He had contended that the PTI chief should be disqualified under Article 62(1)(d)(e)(f) and (g) of Constitution, as the Supreme Court in the case of Imran Khan vs Nawaz Sharif (PLD 2017 SC 265) had declared that the declaration in terms of Article 62(1)(f) can only be made by the court of law.

He maintained that despite being desirous not to indulge in the life of an elected member of the National Assembly, he was compelled to do that for the supremacy of the Constitution and law, particularly in view of the apex court judgment in Imran Khan vs Nawaz Sharif.

Ihtesham had argued that in presence of the documents, the high court may summon Khan to answer, “Whether Tyrian Khan White is not his child from the wedlock of Anna Luisa (Sita) White.”

He contended that Section 13 of CPC was meant for the execution or implementation of the certified judgment following ruling in the Sharif case. He stated that Khan had filed a wrong declaration in the past and had been concealing again that Tyrian was his illegitimate daughter.

Ihtesham further argued that court should not allow Khan to hold the public office as he had not only cheated the public but also the Election Commission of Pakistan. “Imran cannot be termed sagacious, righteous, non-profligate, honest and Ameen as per the Article 62(1)(f).”

Justice Farooq questioned that till date, Khan was not a public office-holder. The petitioner contended that he had been elected from five constituencies. The judge remarked that the ECP has not issued a notification of his election. The judge further said how his eligibility could be challenged prior to the issuance of the victory notification by the ECP.

The petitioner replied that a petition regarding the matter was pending with the IHC and the court had issued notices to the respondents.