Islamabad High Court's division bench constituted for hearing application to bar Chairman Pakistan Tehreek-e-Insaf Imran Khan from taking oath of prime minister dissolved again on Thursday. Justice Amir Farooq of single bench of the IHC on August 8 last recused himself from hearing a petition regarding disqualification of the chairman PTI. Chief Justice IHC Anwar Kasi then constituted a two-judge bench, comprising Justice Shaukat Aziz Siddiqui and Justice Athar Minallah.
Justice Athar Minallah of the Division Bench recused himself from hearing the case on personal reasons. He said that at some stage he was associated with the former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry. He said that he cannot sit in the bench because a member of ex-CJP's political party [Justice and Democratic Party (JDP)] has filed the petition regarding the matter.
Abdul Wahab Baloch and Hafiz Ahtesham have filed petitions against Imran Khan, praying to bar the PTI chairman from taking the prime minister's oath as he is not Sadiq (truthful) and Ameen (honest) under the Article 62(1)(f) of Constitution for not mentioning her 'illegitimate' daughter in his nomination papers. The petitioners stated that Imran Khan has sworn a false declaration to the effect that he fulfills the qualification under the Article 62 of Constitution and not subject to disqualification given in the Article 63. They said that the PTI chairman should be disqualified under the Article 62(1)(d)(e)(f) and (g) of Constitution.
The petitioners contended that the Supreme Court in the case of Imran Khan vs Nawaz Sharif (PLD 2017 SC 265) has delivered judgment that the declaration in terms of the Article 62(1)(f) can be made by the superior court.
They argued that he is not desirous to indulge in the life of an elected member of the National Assembly, but is compelled to do this for the supremacy of Constitution and law, particularly in view of the apex court's judgment in Imran Khan vs Nawaz Sharif.
They further argued that in the presence of the documents, the IHC should summon Imran Khan to answer "whether or not Tyrian Khan White is his loved child from his girlfriend Anna Luisa (Sita) White."
The petitioners stated that Section 13 of CPC is meant for the execution and implementation of the certified judgment following the judgment in Nawaz Sharif case. They said that Imran Khan has filed a wrong declaration in the past and has been concealing again that Tyrian Jade is his illegitimate daughter.
They further argued that the court should not allow Imran Khan to hold public office, as he has not only cheated on public but the Election Commission of Pakistan. "Imran Khan cannot be termed sagacious, righteous, non-profligate, honest, and Ameen as per the Article 62(1)(f)," said the petition.