Imran Khan submits reply in alleged daughter case

SuchTV  |  Feb 01, 2023

Imran Khan submits reply in alleged daughter case
In his reply submitted through Salman Akram Raja, the PTI chief objected that the Islamabad High Court (IHC) while exercising constitutional jurisdiction could not examine any affidavit issued by him as he has already resigned as a member of the National Assembly.

Submitting preliminary objections over the writ petition Imran contended that IHC could not proceed in this matter as he has already ceased to be a member of 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 wherein he has raised preliminary objections on the petition against his disqualification.

The reply furthered 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,” added the reply.

In his response, the ex-premier also stated that the filed petition “is not maintainable and is liable to be dismissed forthwith”, adding that the preliminary objections raised herein may kindly be decided at the outset.

The IHC will resume the hearing of the case tomorrow (Thursday).

In 2018, a case was filed against then-premier Imran for not declaring Tyrian White as his daughter in his nomination papers.

The petitioner had contested that the PTI chairman should be disqualified under Article 62(i)(f) of the Constitution for providing incorrect information in his nomination papers, adding that he is no longer Sadiq and Ameen.

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