The Islamabad High Court has decided to constitute a larger bench to take up the petition seeking disqualification of PTI Chairman Imran Khan for not mentioning his alleged daughter Tyrian Jade White in his nomination papers, reported 24NewsHD TV channel.
The Court, however, adjourned the hearing of the case until February 09.
Imran Khan had on Wednesday submitted his reply in the IHC, praying the court to dismiss the case as he was no longer a member of the parliament.
IHC Chief Justice Aamir Farooq had taken up the petition moved by Sajid Mehmood claiming that although Imran Khan made arrangements for Tyrian White’s upkeep in the United Kingdom, he did not disclose it in nomination papers and affidavits filed by him for contesting elections.
Salman Akram Raja, representing Imran Khan, told the IHC that he would contest the maintainability of the petition since his client was no more a member of the National Assembly after tendering his resignation from the parliament.
In his preliminary objections submitted before the court, Imran Khan, rather than answering the questions, raised he has objected to the maintainability of the said writ petition on following technical grounds:
– That he is no more a member of NA w.e.f 19.09.2022, therefore no longer answerable as a public office holder.
– That Islamabad High Court had earlier refused to probe into similar allegations (refers to 2018 case).
– That four judges who formed part of Islamabad High Court had earlier recused themseleves from hearing the same matter therefore cannot again sit on the same matter.
During the hearing on Thursday, IHC CJ Aamir Farooq said a larger bench will be constituted to hear the case after Imran Khan raised objection about the bench hearing the case.
The CJ said Imran Khan in his reply has contend that the case should be dismissed as he was no longer a member of the parliament. The court will ask the Election Commission of Pakistan (ECP) to provide a copy of denotification of Imran Khan as MNA, he added.
At the outset of the proceedings, the court was urged to adjourn the hearing as Imran Khan’s main counsel Salman Akram Raja was busy in a case at the Supreme Court.
Reporter Ehtisham Kiyani