ISLAMABAD - The Islamabad High Court Wednesday accepted an application filed for reconstitution of a dual bench for hearing a petition seeking disqualification of Prime Minister Imran Khan under Article 62.

A division bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Miangul Hassan Aurangzeb conducted hearing of the petition moved by chairman Defense of Pakistan Hafiz Ehtisham Ahmad and accepted the same by fixing it on Thursday (today).

The court also directed the petitioner to present his arguments over maintainability of the petition on the next hearing.

The matter has been pending before the court without any hearing since August 16, 2018 after a two member bench comprising then IHC judge Justice Shaukat Aziz Siddiqui and Justice Athar Minallah was dissolve when Justice Athar Minallah had recused from hearing the case on personal reasons.

He had said that at some stage, he was associated with the former Chief Justice of Pakistan Iftikhar Muhammad Chaudnry. He said that he could not sit in the bench as a member of ex-CJP’s political party [Justice and Democratic Party (JDP)] had filed the petition in this matter.

Abdul Wahab Baloch and a citizen Hafiz Ehtesham have filed the petitions against Imran Khan, praying to bar the PTI chief from taking PM oath as he is not Sadiq and Ameen under Article 62(1)(f) of Constitution for not mentioning his illegitimate daughter in his nomination papers.

Later Abdul Wahab withdrew his petition since he had joined PTI. Therefore, Ehtesham has approached the court again for constitution of a dual bench to hear this matter.

The petitioners stated that Imran Khan has sworn false declaration to the effect that he fulfills the qualification under Article 62 of Constitution and not subject to disqualification given in Article 63. They said that the PTI chief should be disqualified under Article 62(1)(d)(e)(f) and (g) of Constitution.

The petitioners contended that the Supreme Court in the case of Imran Khan vs Nawaz Sharif (PLD 2017 SC 265) has delivered judgment that the declaration in terms of Article 62(1)(f) can be made by the superior court.

They argued that he is not desirous to indulge in the life of an elected member of the National Assembly, but compelled to do this for the supremacy of constitution and law, particularly in view of the apex court judgment in Imran Khan vs Nawaz Sharif.

They further argued that in the presence of the documents the IHC should summon Imran Khan to answer “Whether Tyrian Khan White is not his loved child from his girlfriend – Anna Luisa (Sita) White.”

The petitioners stated that Section 13 of CPC is meant for the execution and implementation of the certified judgment following the judgment in Nawaz Sharif case. They said that Imran Khan has filed a wrong declaration in the past and has been concealing again that Tyrian Jade is his illegitimate daughter.

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

It was stated in the petition that Imran Khan should be declared disqualified because he did not disclose that he had a daughter as a result of his “relations with Ana-Luisa (Sita) White, a wealthy lady who was the daughter of the late Lord Gordon White, head of the American arm of the giant industrial conglomerate Hanson PLC, which he co-founded”.

According to the petition, the PTI chief did not marry Sita White because her “racist father categorically told the respondent (Imran Khan) that if he married Sita, they would not get a penny of his money. That’s the reason why the respondent did not marry Sita — he knew that he will not get any financial benefit.

It added, “Only thereafter, he found, met and in a very short time married Jemima Goldsmith, another rich lady”.

The petition mentioned that the custody of Tyrian (Sita White’s daughter) was handed over to Jemima while Ana-Lusia White, in her will dated February 27, 2004, nominated Jemima Khan as guardian of her minor daughter Tyrian Jade Brittanta Khan-White. Sita White died that year on May 13.

It continued that Jemima Goldsmith had been the spouse of Imran Khan (1995-2004). The concealed facts stood confirmed by a judgment of paternity rendered by a superior court of the state of California for the county of Los Angeles in favour of the said Sita White where it was held that the respondent was the father of Tyrian Jade. Khan initially joined the proceedings through his attorney, but defaulted after he was asked to undergo blood test.

However, the petition said that Imran, later submitted a declaration to a court of guardianship when Carolina White, a sister of Sita White, asked the court that she be appointed Tyrian’s guardian and Khan promised that if the court called him to testify, he would do so.

It argued that this declaration was executed on Nov 18, 2004, at Lahore. If he was not (Tyrian’s) father, in what capacity he submitted the affidavit of no objection in the matter of guardianship.

The petition further said that this document was executed in Pakistan for submission in the US. Therefore any legal objection cannot be raised regarding its admissibility on the basis of it being a foreign document.