ISLAMABAD: Chairman Pakistan Tehreek-e-Insaf (PTI) submitted that the petition seeking his disqualification as a lawmaker for “concealing” his alleged daughter in his nomination papers is not maintainable on legal grounds; therefore, dismiss it.
A single bench of Chief Justice Aamer Farooq will hear the petition seeking Khan’s disqualification for not mentioning “his daughter Tyrian Jade White” in his nomination papers today (Thursday).
In his reply, filed through Salman Akram Raja, the ex-PM submitted that the petition was “not maintainable” on legal grounds. He added that he was not a member of the National Assembly anymore; therefore, such a petition was “not maintainable and may not be proceeded”.
Imran added that the 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, “Such examination requires the leading of evidence, examination and cross-examination of witnesses in the course of a trial before a competent forum. Reference is made in this regard to the judgment of the Supreme Court, reported as Allah Dino Khan Bhayo Vs Election Commission of Pakistan & Others (PLD 2020 SC591).”
The PTI chairman further said that the same issue was raised in Abdul Wahab Baloch case, wherein, four IHC judges, including incumbent Chief Justice Aamer Farooq, had recused to hear the matter. He added; “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.” The former premier 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.
The reply further stated that the filed petition “is not maintainable and is liable to be dismissed forthwith”, adding that the preliminary objections raised herein may kindly be decided at the outset.
In this matter, the petitioner is seeking disqualification of the PTI chief, an MNA from the NA-95 Mianwali-I constituency, contending that all candidates contesting elections for either national or provincial assemblies are required to furnish an affidavit with respect of their credentials and assets.
He said that one such information is about the children who are dependent on a candidate, and in this connection, Imran had wrongly mentioned two children including “Qasim Khan and Sulaiman Khan” and had omitted the third.
He claimed, “The respondent no. 1 (Imran Khan) has deliberately and wilfully failed to declare his daughter Tyrian White in the relevant columns of the nomination papers and the affidavit appended therewith, hence he is not sagacious, righteous, honest and a man of good character in terms of Article 62 of the Constitution.”
The petitioner urged the court to summon the former prime minister and inquire about the reasons for the violation of Article 62 of the Constitution, which says, “a person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless — he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law”.
He also prayed to the court to question Imran for “submitting a false declaration and affidavit and as to why he should be allowed to be a member of the parliament … and may not be de-seated in all accumulated consequences for the violation of the Constitution and the law.”
Copyright Business Recorder, 2023
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