Tyrian White case: IHC throws out plea for Imran’s disqualification
Case had been pending since May 2023 after a three-member bench hearing the case was dissolved by IHC Chief Justice Aamer Farooq
ISLAMABAD: The Islamabad High Court (IHC) Tuesday rejected a petition seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) founder chairman Imran Khan in Tyrian White case.
A new bench took up the plea against Khan 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, heard the case.
The case had been 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 about the plea’s maintainability were uploaded on the court website.
The bench, comprising Chief Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Arbab Muhammad Tahir, had reserved the verdict 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. The high court explained that without signatures of the bench head Justice Farooq, the opinion of two judges could not be declared the bench verdict and uploaded on the court website. As the hearing started, the petitioner’s lawyer, Hamid Ali Shah Advocate said Salman Akram Raja had filed an adjournment petition in this case.
Khan’s lawyer Naeem Haider Panjotha said this matter had already been settled and the verdict was also uploaded on the website. He said after the verdict was removed from the website, the bench was reconstituted through a press release.
Justice Jahangiri asked Panjotha if he was a lawyer in the instant case to which he replied that he was a proxy counsel.
The judge then said that Justice Kayani and Justice Tahir had given their opinion in this case. At this, Shah said this was the opinion of two judges and the verdict was not signed by the chief justice.
“How can we provide relief when the petition has been dismissed?” questioned Justice Jahangiri. Advocate Shah said that he needed some time to prepare, adding that he could only assist the court after reading the verdict.
Justice Jahangiri said the chief justice had recused himself from the bench and two judges had given their verdict. The court said that the disqualification plea against Khan had already been dismissed by the bench. “The majority decision has already been issued,” remarked the court.
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