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Pakistan Print 2023-01-20

Disqualification case: IK seeks extra time to file reply in citizen’s plea

Published January 20, 2023
Former Pakistan's prime minister Imran Khan gestures during a press conference in Islamabad on April 23, 2022. (Photo by Farooq NAEEM / AFP) — AFP or licensors
Former Pakistan's prime minister Imran Khan gestures during a press conference in Islamabad on April 23, 2022. (Photo by Farooq NAEEM / AFP) — AFP or licensors

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Thursday sought time to file a reply in a petition seeking his disqualification as a lawmaker for “concealing” his alleged daughter in the nomination papers.

A single bench of the Chief Justice Islamabad High Court (IHC) Aamir Farooq on December 19, 2022, directed the PTI chief to submit a reply on the petition of a citizen, Muhammad Sajid.

Salman Akram Raja, representing Imran Khan, informed the bench that he wanted to submit the answer but the registrar office had raised objections. He said the office had stated that Imran Khan had to come in personal capacity for biometric verification.

Upon that, Justice Aamer said there were many outlets available now for biometric verification. The court asked the lawyer to ensure biometric of his client and submit a receipt. The counsel said that his client was no more a member parliament as he had submitted his resignation.

The court, however, granted time to the lawyer for submission of comments and instructed him to also provide the copy of the answer to the petitioner.

The petitioner has sought disqualification of the PTI chief, from his NA-95 Mianwali-I constituency, contending that all candidates contesting elections for either national or provincial assemblies are required to furnish an affidavit with respect to their credentials and assets.

He said that one such information is about the children who are dependent on a candidate, and in this connection, Imran had wrongly mentioned two children including “Qasim Khan and Sulaiman Khan” and had omitted the third.

He claimed, “The respondent no 1 [Imran Khan] has deliberately and willfully failed to declare his daughter Tyrian White in the relevant columns of the nomination papers and the affidavit appended therewith, hence he is not sagacious, righteous, honest and a man of good character in terms of Article 62 of the Constitution.”

He also said that “Article 62 of the Constitution, as interpreted by various judgments of the superior courts, prescribes that a candidate shall only qualify to be elected as a member of the National Assembly if he is of good character and is not commonly known as one who violates Islamic Injunctions; and he has adequate knowledge of Islamic teachings and practices; obligatory duties prescribed by Islam as well as abstaining from major sins.”

The petitioner urged the court to summon the former prime minister and inquire about the reasons for the violation of Article 62 of the Constitution, which says, “a person shall not be qualified to be elected or chosen as a member of Parliament unless — he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law”.

He also prayed to the court to question Imran for “submitting a false declaration and affidavit and as to why he should be allowed to be a member of the parliament … and may not be de-seated in all accumulated consequences for the violation of the Constitution and the law.”

Copyright Business Recorder, 2023

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