IHC dismisses Tyrian White case citing lack of evidence in detailed judgment

Court rules petitioner failed to prove that Tyrian is Khan’s biological child or under his care

The Islamabad High Court has dismissed a petition in the Tyrian White case, citing it as an intrusion into the private life of PTI founder Imran Khan. The court ruled that the petitioner failed to prove that Tyrian White is Khan’s biological child or under his care.

A three-member bench, comprising Justice Tariq Mahmood Jahangiri, Justice Arbab Muhammad Tahir, and Justice Saman Rafat Imtiaz, delivered the decision. The court stated, "The decision had already been reserved, and despite the Chief Justice’s recusal, the majority decision by two judges stands, leaving no room for further hearings."

The court's detailed 54-page judgment relied on the previous majority decision by Justices Mohsin Akhtar Kayani and Arbab Muhammad Tahir. The judgment declared the petition inadmissible, noting, "The petitioner could not prove that the PTI founder ever acknowledged responsibility for Tyrian’s upbringing and care."

Also read: Tyrian plea against Imran declared ‘inadmissible’

For a writ of quo warranto to be admissible, undisputed facts must be presented that require no further clarification, investigation, or inquiry. The petitioner referenced a 13th August 1997 unilateral decree from a Los Angeles court. However, only the party seeking to enforce a foreign court's decree in Pakistan has the standing to do so. Tyrian Jade Khan White alone has the right to enforce such a decree regarding her legal status, not any other individual, especially not the petitioner, who is a Pakistani citizen and was not a party to the US court's decision.

The detailed judgment further dismissed the petition, which sought to disqualify Khan as a National Assembly member for allegedly concealing Tyrian Jade White in his nomination papers. The judgment stated, "The petition includes accusations against the PTI founder of adultery and illegitimate relationships."

The petitioner is neither a witness to these allegations nor able to substantiate them with a recognised judicial decision. The petitioner raised questions about the PTI founder's personal life and character, impacting Tyrian Jade Khan’s life.

The court emphasised, "Such accusations, contrary to the Quran and Sunnah, are not recognised. Under Article 199 of the Constitution, the court cannot decide on disputed matters of this nature."