Tyrian White plea 'not maintainable': Imran

PTI chief submits reply on petition seeking disqualification for not mentioning 'his daughter' in nomination papers

ISLAMABAD:

PTI Chairman Imran Khan on Wednesday submitted his reply on the disqualification plea filed against him for not mentioning “his daughter Tyrian Jade White” in his nomination papers and said that it was “not maintainable” on legal grounds.

In his reply submitted through lawyer Salman Akram Raja, the PTI chief contended that the Islamabad High Court (IHC) while exercising constitutional jurisdiction could not examine any affidavit issued by him as he has already resigned as a member of the National Assembly.

He maintained that IHC could not proceed in this matter as he has already ceased to be a member of the parliament.

"Such examination requires the leading of evidence, examination and cross-examination of witnesses in the course of a trial before a competent forum,” the reply read, referring to the Supreme Court judgement in the Allah Dino Khan Bhayo case.

The reply furthered that the same issue was raised in the Abdul Wahab Baloch case wherein four IHC judges, including incumbent Chief Justice Aamer Farooq, had recused themselves to hear the matter.

"It is established law that a judge who has once considered it improper to proceed with a matter on account of personal reasons may not then entertain the same matter.”

“Imran Khan submitted that consequences prescribed by the principle that justice and due process must not only be carried out but be seen to have been carried out must follow,” it added.

Therefore, the former prime minister argued that the petition “is not maintainable and is liable to be dismissed forthwith”, adding that the preliminary objections raised by him may kindly be decided at the outset.

The IHC will resume the hearing of the case on Thursday (today).

Last year, a petition was filed in the IHC claiming that although Imran made arrangements for Tyrian White’s upkeep in the United Kingdom, he did not disclose it in nomination papers and affidavits filed by him for contesting elections.

The IHC on Jan 19 had asked Imran to submit his reply by Jan 27 after his counsel sought time citing the need for the litigants to go through a biometric verification process before the submission of documents.

In 2018, a case was filed against the then-premier for not declaring White as his daughter in his nomination papers.

The petitioner had contested that the PTI chairman should be disqualified under Article 62(i)(f) of the Constitution for providing incorrect information in his nomination papers, adding that he is no longer Sadiq and Ameen.