ISLAMABAD - The Islamabad High Court (IHC) has constituted a larger bench to hear a petition seeking disqualification of former premier Imran Khan as a lawmaker for ‘concealing’ his alleged daughter in his nomination papers. A three-member larger bench of IHC headed by IHC Chief Justice Aamer Farooq and comprising Justice Mohsin Akhtar Kayani and Justice Arbab Muhammad Tahir will hear the petition on February 9 (Thursday).
Earlier, a single bench of IHC comprising Chief Justice Aamer Farooq had decided to form a larger bench to hear the petition of a citizen Muhammad Sajid, seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan.
On the last hearing, Justice Aamer noted that Imran had stated in his reply that he ceased to be a member of the parliament; therefore, the court could not proceed against him. The Khan’s lawyer said that the Election Commission of Pakistan (ECP) itself had also de-notified Imran. The IHC chief justice said that it would be appropriate that the new situation regarding Imran Khan is determined. He added that the affidavit that has been referred to in the plea was submitted in 2018.
The PTI chief Imran Khan’s lawyer reiterated that the ECP had de-notified his client after he resigned from the national assembly seat. He prayed the court to adjourn the case till March as there was no need to show haste in this particular case. Imran’s lawyer Salman Abuzar Niazi said that they respect the honourable judge and they had just presented some information. Later, the IHC bench deferred the hearing till February 9 for further proceedings in this matter.
In this matter, the petitioner is seeking disqualification of the PTI chief, an MNA from the constituency NA-95 Mianwali-I. He contended that all candidates contesting elections for either national or provincial assemblies are required to furnish an affidavit with respect of their credentials and assets.
He said that one such information is about the children who are dependent on a candidate, and in this connection, Imran had wrongly mentioned two children Qasim Khan and Sulaiman Khan, and he had deliberately omitted the third one.
He claimed, “The respondent no 1[Imran Khan] has deliberately and wilfully failed to declare his daughter Tyrian White in the relevant columns of the nomination papers and the affidavit appended therewith, hence he is not sagacious, righteous, honest and a man of good character in terms of Article 62 of the Constitution.” The petitioner urged the court to summon the former prime minister Imran Khan and inquire about the reasons for the violation of Article 62 of the Constitution, which says, “A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless — he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law”. He also prayed to the court to question Imran for “submitting a false declaration and affidavit and as to why he should be allowed to be a member of the parliament, and may not be de-seated in all accumulated consequences for the violation of the Constitution and the law.”