ISLAMABAD   -   A petition has been filed in the Supreme Court requesting it to declare null and void, the decision of the Islamabad High Court (IHC) declaring inadmissible the petition seeking disqualification of Pakistan Tehrik-e-Insaf (PTI) founder chairman Imran Khan for concealing his alleged daughter Tyrian White in his nomination papers.

Petitioner Muhammad Sajid has filed a leave to appeal under Article 185(3) of the Constitution against the short order dated May 21, 2024 passed by the IHC full bench.

He has cited Imran Khan, Election Commission of Pakistan and Federation through the Ministry of Law and Justice as respondents. He prayed the apex court to grant leave to appeal against the IHC decision, declaring it null and void by holding the former prime minister ineligible for holding any public office.

It was May 21 when the IHC had dismissed his petition, seeking the disqualification of Imran for concealing his alleged daughter on the grounds that a three-member bench had already dismissed the same petition on May 10, 2023 by two judges to one. However, the petitioner submitted that a three-member IHC bench, comprising Justices Tariq Mehmood Jahangiri, Arbab Mohammad Tahir and Saman Rafat Imtiaz, had taken up the petition after a gap of almost a year. He submitted that when the case was heard by three judges, the opinions of two of the judges were uploaded to the court’s website before the fixed date for announcing the verdict. The petitioner questioned as to whether the concurring opinion of two judges could be considered a judgement in view of the law laid down by this court.

He added that whether the IHC full bench erred by considering the concurring opinion of two high court judges as a judgement and dismissing the petition in view thereof, he questioned and further asked as to whether the impugned order is non-speaking

He submitted that on November 18, 2004, Imran Khan executed a declaration in Lahore and declined to serve as guardian himself and nominated Carolina to be appointed as guarding for Tyrian on the ground that this would be in Tyrian’s best interest.

“If Imran Khan was not the father he could not have submitted such an affidavit,” the petitioner submitted, adding that Tyrian also executed an affidavit on July 7, 2004 in support of the petition for her guardianship and expressed her desire to live with her aunt Carolina in Los Angeles.

“She also declared that she did not want to live in Pakistan,” the petitioner contended, adding that in various published reports it has been confirmed that Imran Khan speaks to Tyrian often and regularly sends her flowers on her birthday.