IHC seeks all references on Tyrian in next hearing

Imran has been accused of concealing information about his alleged daughter in nomination papers


Our Correspondent March 02, 2023
Islamabad High Court. PHOTO: IHC WEBSITE

ISLAMABAD:

The Islamabad High Court (IHC) on Wednesday directed the petitioner and the Election Commission of Pakistan’s (ECP) counsel to bring on record all the references related to Tyrian White in a case pertaining to disqualification of PTI Chairman and former premier Imran Khan.

The PTI chief had been accused of concealing information about his alleged daughter, Tyrian, in his nomination papers.

A larger bench of the IHC led by Chief Justice Aamer Farooq heard the case filed by citizen Muhammad Sajid.

At the outset of the hearing, petitioner’s lawyer Hamid Ali Shah Advocate argued that Imran had not mentioned his alleged daughter in his nomination papers submitted to the ECP.

Read more: Tyrian White plea 'not maintainable': Imran

He prayed the court to de-seat Imran after disqualifying him from the membership of parliament.

The court asked what should be done if the respondent was not a member of parliament anymore.

Imran’s lawyer Salman Akram Raja said the ECP had decided the matter twice.

The court remarked that the petitioner had adopted the stance that Imran had not provided the correct information in his nomination papers. The ECP had to answer on this point as well, it added.

The court asked how the “quo-warranto” could be applied on the PTI chief when he was no more a member of parliament, adding that the defence lawyer had also raised the same point.

The petitioner’s lawyer said that Imran was still a member of parliament as he had won the by-polls on seven seats and that the ECP had issued the notification of his victory. He said the PTI chief had the status of MNA-elect.

The bench asked whether it was compulsory to share the details of kids in accordance with the Election Act.

The lawyer said it was not necessary for a member to disclose the details of children separately but sharing the details of their assets was compulsory.

He said indirectly it was compulsory to share the information of kids.

The ECP lawyer said Section 137 of the Election Act stated that a member had to share his assets details and liabilities.

The petitioner’s counsel said that the oath was necessary for discharging official responsibilities in the parliament.

However, the petitioner’s lawyer contended that a member starts receiving perks after notification of his victory is issued.

He said that the Election Act also described the punishment on a false statement about the tax returns.

The court remarked it meant that only the election would be challenged against the documents submitted.

The court on the occasion also instructed the petitioner to bring all the references pertaining to Tyrian White on record.

Meanwhile, Raja said that the petition against his client was not maintainable.

The petitioner’s lawyer said that this matter was raised in the election tribunal as well but no comprehensive judgment was passed.

The IHC instructed the lawyer to conclude arguments in the next hearing and adjourned the case, directing the ECP to submit the relevant documents.

With input from APP

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