Tyrian White case has been pending since May 2023.
IHC CJ Farooq had dissolved three-member bench.
New 3-member bench to take up plea against Khan.
ISLAMABAD: The Islamabad High Court (IHC) has formed a bench that will take up a disqualification case against Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan for not disclosing his alleged daughter — Tyrian White — in the nomination papers filed for contesting 2018 general elections, The News reported Saturday.
The bench comprising Justice Tariq Mehmood Jahangiri, Justice Arbab Mohammad Tahir and Justice Saman Rafat Imtiaz will hear the case on May 21.
The case has 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 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.
The high court explained that without the signatures of the bench head Justice Farooq, the opinion of two judges could not be declared the bench verdict and uploaded to the court website.
Now the IHC has formed a new bench and IHC CJ Justice Aamer Farooq has recused himself from the bench. Justice Tahir would be part of the new bench, though earlier he had declared the petition non-maintainable.
The case
A petitioner, Mohammad Sajid, had alleged that Imran Khan had not disclosed his alleged daughter — Tyrian — in his nomination papers which were filed for contesting the 2018 general elections.
Sajid alleged that Khan provided incorrect information while submitting his nomination papers for the general elections held in 2018.
The petitioner also said 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.
The petitioner’s lawyers argued that the PTI founder did not declare Tyrian as his daughter in the affidavit submitted to the Election Commission of Pakistan (ECP).
The petitioner had alleged that the former premier did not marry his alleged girlfriend Sita White, mother of Tyrian, because her father told Khan that he would not get a “penny” from his wealth if he married Sita.
The petition, titled “Imran versus Imran — the untold story”, 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 (Imran 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.