Imran’s disqualification: IHC seeks arguments over maintainability of plea

ISLAMABAD: The Islamabad High Court (IHC), Thursday, sought arguments over the maintainability of a petition seeking former prime minister Imran Khan’s disqualification as a lawmaker for “concealing” his alleged daughter Tyrian White in his nomination forms.

A larger bench, headed by Chief Justice Aamer Farooq, and comprising Justice Mohsin Akhtar Kayani and Justice Arbab Mohammad Tahir heard the petition seeking disqualification of the Pakistan Tehreek-e-Insaf (PTI) chairman for allegedly concealing his alleged daughter in the nomination papers submitted to contest the 2018 general elections.

The petitioner, Sajid Mahmood, has claimed that although Imran made arrangements for Tyrian White’s upkeep abroad, he did not disclose it in nomination papers and affidavits filed by him for elections.

During the hearing, Salman Butt represented the petitioner while Imran’s counsels included Advocate Salman Akram Raja and Advocate Salman Abuzar Niazi.

At the outset of the hearing, the petitioner’s lawyer sought permission to submit new documents pertaining to the case in court i.e. the notification regarding Imran Khan’s victory on seven National Assembly seats recently issued by the Election Commission of Pakistan (ECP).

The bench accepted the request and directed Butt to provide a copy of the new documents to Imran’s lawyers.

Then, the judge asked the lawyers of both sides to present their arguments one by one. He added that one side is saying that Imran is a member of the National Assembly while the other side says he is not. At this, Butt recalled that at the previous hearing, the court had sought comments from the ECP over the matter.

Imran’s counsel said that he needed more time to prepare the response to the new documents. However, Butt interjected that delaying tactics were being used in the case.

Raja also sought time from the court for the submission of documents. He prayed before the court to hear arguments in support of the maintainability of the petition at the next hearing.

The petitioner’s lawyer argued that even now when the former prime minister was not the MNA, the petition against him was still maintainable. Then, Raja said that he would present arguments on the admissibility of the petition.

The ECP’s lawyer maintained that if the petitioner challenged the commission’s notification [on Imran’s victory on seven NA seats], then the electoral body would submit a response.

The court remarked that arguments on the admissibility of the plea were very important. It directed the ECP to submit verified documents on Imran’s victory and asked the PTI chief’s lawyer to present his response in court at the next hearing.

Later, the bench deferred the hearing till March 1 for further proceedings.

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 to their credentials and assets.

Copyright Business Recorder, 2023