Plea filed in SC seeking annulment of IHC verdict in Tyrian White case – M Haris

• Plea urges SC to declare Khan ineligible for holding any public office.
• It questions whether IHC’s full bench erred in its May 21 verdict.
• Petition wonders if the IHC’s impugned order is non-speaking.
  

ISLAMABAD: A petition has been filed in the Supreme Court (SC) seeking annulment of the Islamabad High Court’s (IHC) verdict in the Tyrian White case involving Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, The News reported on Sunday.

The plea, filed by Muhammad Sajid under Article 185(3) of the Constitution on Saturday, names the former prime minister, the Election Commission of Pakistan (ECP), and the Federal Minisitry of Law as parties to the case and urges the apex court to declare null and void IHC’s May 21 decision.

The IHC, last month, had rejected a petition seeking Khan’s disqualification for not disclosing his alleged daughter in the nomination papers filed for contesting 2018 general elections.

The bench comprising Justice Tariq Mehmood Jahangiri, Justice Arbab Mohammad Tahir and Justice Saman Rafat Imtiaz had heard the case after it was left pending since May 2023 after a three-member bench hearing the case was dissolved by IHC Chief Justice Aamer Farooq.

The decision was taken after the opinions of two judges regarding the plea’s maintainability were uploaded on the court website.

The bench comprised IHC CJ Aamer Farooq, Justice Mohsin Akhtar Kayani, and Justice Arbab Muhammad Tahir and had reserved the verdict in the case on March 30 last year.

However, Justice Kayani and Justice Tahir had opined against the petition’s maintainability and uploaded their opinion on the IHC official website which was later removed.

Maintaining, that the disqualification plea against Khan had already been dismissed by the bench, the IHC had then rejected the petition.

In his plea, petitioner Sajid has prayed to the SC to nix the IHC’s decision and declare the PTI founder ineligible for holding any public office.

The petition further questions whether the concurring opinion of two judges could be considered a judgment in view of the law laid down by the top court.

He further raised the question if the IHC full bench made a mistake by considering the concurring opinion of two high court judges as a judgment and dismissing the petition in view thereof, he questioned and further asked whether the impugned order is non-speaking.

The plea further contends that on November 18, 2004, Khan executed a declaration in Lahore and declined to serve as guardian himself and nominated Carolina to be appointed as guarding for Tyrian on the ground that this would be in Tyrian’s best interest.

“If [Imran] Khan was not the father he could not have submitted such an affidavit,” the petitioner submitted, adding that Tyrian also executed an affidavit on July 7, 2004, in support of the petition for her guardianship and expressed her desire to live with her aunt Carolina In Los Angeles.

“She also declared that she did not want to live in Pakistan,” the petitioner contended, adding that in various published reports it has been confirmed that Imran Khan speaks to Tyrian often and regularly sends her flowers on her birthday.

What’s the case?

Petitioner Sajid alleges that Khan provided incorrect information while submitting his nomination papers for the general elections held in 2018.

He maintains that even though the former prime minister has three children, he had mentioned only two in the papers and concealed the existence of his third child.

Furthermore, he claims that the PTI founder did not marry his alleged girlfriend Sita White, the mother of Tyrian, because her father told Khan that he would not get a “penny” from his wealth if he married Sita.

The petitioner had also claimed that the custody of Tyrian was given to Jemima Goldsmith, the former wife of Khan.

It added that Sita in her will of February 27, 2004, had nominated Jemima as guardian of her daughter Tyrian. Sita died that year on May 13.

“Jemima Goldsmith had been the spouse of Imran Khan (1995-2004).”

“The concealed facts stood confirmed by a judgment of paternity rendered by a superior court in California in favour of Sita White where it was held that the respondent [Khan] was the father of Tyrian Jade.”

The PTI founder initially joined the proceedings but later backtracked after he was asked to undergo a blood test, it added.