ISLAMABAD: The Islamabad High Court (IHC) asked the former premier Imran Khan to “simply accept or deny having a daughter”.
A larger bench, headed by Chief Justice Aamer Farooq and comprising Justice Mohsin Akhtar Kayani and Justice Arbab Tahir, on Monday heard a petition seeking disqualification of chairman Pakistan Tehreek-e-Insaf (PTI) for allegedly concealing his alleged daughter - Tyrian White - in the nomination papers submitted to contest the 2018 general elections.
During the hearing, the IHC chief justice said everyone is entitled to privacy but this case is being heard due to a legal issue. He further said that the former prime minister should simply accept or deny having a daughter.
Justice Aamer remarked that it is unfortunate for someone’s private life to become a public issue and asked Khan’s counsel to take a clear stand.
He added this is a two-minute case and either you admit or deny then the hearing will come to an end. The judge said that if you deny, the petition will be dismissed for now and in the next election, someone will bring this issue again.
The court asked the petitioner’s counsel to satisfy the court on the next hearing that Tyrian White is a daughter of former prime minister Imran Khan.
The PTI chief counsel, Salman Akram Raja, did not appear before the Court and his assistant lawyer said the petitioner has requested to amend his petition.
He objected to the request saying they need time to reply in writing.
The petitioner’s counsel submitted a copy of the affidavit given in the case of Imran’s alleged daughter Tyrian being concealed. He said that an American court has declared that Khan is the father of Tyrian White.
Justice Kayani said that he has submitted an incomplete decision of the American court related to Tyrian. He added that guardianship is written in the affidavit but there is no mention of being a father.
He further said that this is a foreign document and an exparte order while this document cannot be said to be completed. Further, he said that the petitioner must prove Imran’s recognition of his daughter. He added that even if the daughter has said that he is her father, this is not binding on Imran Khan.
Justice Kayani also said that the petitioner must show Imran’s confession in clear words admitting to being Tyrian’s father. He maintained that the petitioner has to clearly show Imran’s paternity to Tyrian.
He continued that first, you need to prove that this girl is Khan’s daughter and then the issue of Article 62(i)(f) will come. The lawyer argued that Jemima and Imran had given a no objection certificate, giving their consent for Tyrian’s guardianship and questioned why no one else had done so.
Justice Aamer also asked the petitioner’s counsel that if they had a copy of the case filed there, adding that there must be some document for the judges to see. The lawyer said that all foreign records are in front of the court and have been confirmed by the Foreign Office. He asked that if Imran Khan is not related to Tyrian, why did he give the affidavit of guardianship?
Justice Kayani said that many people are guardians of children but they are not fathers. Referring to conduct a DNA test, the judge said that it is only the girl who can say that this is her father, how can a third person say it?
He said that if anyone can go to court in this case, it is Tyrian herself. He further said that she can say that her father should have declared her as his daughter but how did a third party become the victim in this case?
The IHC chief justice asked that if there was a response from Imran Khan in this case and for the petitioner’s counsel to show the records.
He asked the counsel to go through the documents in their entirety, organise them and tell the court during the next hearing.
“Show us, was there full ex-parte action in California?”
The case was adjourned until March 20.
Copyright Business Recorder, 2023
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