Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan on Wednesday submitted his response in the Islamabad High Court (IHC) in the disqualification case against him for not disclosing details about his alleged daughter Tyrian Jade White in his nomination papers.
In 2018, a case was filed against then-premier Imran for not declaring Tyrian White as his daughter in his nomination papers.
Through his lawyer Salman Akram Raja, Khan argued that the IHC could not examine his affidavit as he has resigned from his position as a member of the National Assembly.
In his reply, he raised preliminary objections over the writ petition, contending that the IHC could not proceed with the case because he no longer holds a seat in the National Assembly.
“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 Honourable Supreme Court of Pakistan reported as Allah Dino Khan Bhayo Vs Election Commission of Pakistan & Others (PLD 2020 SC591),” Imran said in his reply.
He mentioned 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.
“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 Petitioner has brought the earlier recusal to the attention of this Honourable Court. Imran Khan 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 stated.
In his response, the ex-premier pleaded that the petition “is not maintainable and is liable to be dismissed forthwith”.
He added that the preliminary objections raised herein may kindly be decided at the outset of the hearing that is due tomorrow (Thursday).