Thursday September 21, 2023

Tyrian White case: Islam wants people’s personal lives private, says IHC

January 22, 2019

ISLAMABAD: Islamabad High Court (IHC) on Monday dismissed petition seeking disqualification of Prime Minister Imran Khan and said fine would be imposed on similar petition if receive in future.

Division bench of Islamabad High Court comprising Justice Athar Minallah and Justice Mian Gul Hasan Aurangzeb resumed the hearing of the petition submitted by Hafiz Ehtesham, spokesperson of the Lal Masjid's Shuhada Foundation.

The petitioner Hafiz Ehtesham alleged that the prime minister did not reveal that he had a daughter ‘Tyrian’ in his nomination papers. “He lied about his daughter that’s why he is not Sadiq and Ameen.”

During hearing Justice Athar Minallah questioned the petitioner that had he read the Article 63 (H)?

Justice Athar further remarked that if he had checked Article 63(h) which deals with moral issues and said the first principle of Islam is to keep someone’s personal life private. Therefore, private matters of any person should not be brought in the court, the judge remarked.

To this petitioner Ehtesham argued in court Imran Khan is public office holder and therefore his personal matters could not be considered beyond scrutiny.

To this Justice Minallah remarked Article 63(1)(h) of the Constitution, under which petitioner had sought PM Khan's disqualification. Article 63(1)(h) stipulates that a person convicted of a crime of "moral turpitude" and sentenced to jail for not less than two years can contest elections if five years have lapsed since his release.

The judge further remarked that in Islam, it has been said that one should attempt to brush other’s private matters under the carpet. To this petitioner argued that yes Islam has forbidden to discussed personal lives of other but it is also written in Article 62 (1)(d) that character of member National Assembly should be according to this.

To this justice Athar Minallah remarked that it’s mean we should expunge Article 63 (h). He remarked, “Such petitions are only wastage of time.”

Justice Minallah also warned the petitioner that if such requests were submitted in the future, the petitioner would be fined. PM Imran Khan counsel Dr Babar Awan was present in court. However he did not need to present his arguments, as the court discarded the petition while hearing the petitioner.