IHC admits plea for reconstitution of dual bench

RECORDER REPORT

ISLAMABAD: The Islamabad High Court (IHC) Tuesday admitted for hearing an application filed for reconstitution of a dual bench for hearing a petition seeking disqualification of Prime Minister Imran Khan under the Article 62 of the Constitution.

A division bench of IHC comprising Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb will conduct hearing of the petition moved by chairman Defence of Pakistan Hafiz Ehtesham Ahmad on Wednesday (today).

The matter has been pending before the court without any hearing since August 16, 2018 after a two-member bench comprising then IHC judge Justice Shaukat Aziz Siddiqui and Justice Athar Minallah was dissolved when Justice Athar Minallah had recused from hearing the case on personal reasons.

Abdul Wahab Baloch and a citizen Hafiz Ehtesham have filed the petitions against Imran Khan, praying to bar the PTI chief from taking the PM’s oath as he is not Sadiq (truthful) and Ameen (honest) under the Article 62(1)(f) of Constitution for not mentioning his illegitimate daughter in his nomination papers.

Later, Abdul Wahab withdrew his petition since he had joined PTI. Therefore, Ehtesham has approached the court again for constitution of a dual bench to hear this matter.

The petitioners stated that Imran Khan has sworn false declaration to the effect that he fulfills the qualification under the Article 62 of Constitution and not subject to disqualification given in Article 63. They said that the PTI chief should be disqualified under the Article 62(1)(d)(e)(f) and (g) of Constitution.

The petitioners contended that the Supreme Court in the case of Imran Khan vs Nawaz Sharif (PLD 2017 SC 265) has delivered judgement that the declaration in terms of Article 62(1)(f) can be made by the superior court. They argued that he is not desirous to indulge in the life of an elected member of the National Assembly, but compelled to do this for the supremacy of Constitution and law, particularly in view of the apex court judgement in Imran Khan vs Nawaz Sharif case.

It was stated in the petition that Imran Khan should be declared disqualified because he did not disclose that he has a daughter as a result of his “relations with Ana-Luisa (Sita) White, a wealthy lady who was the daughter of the late Lord Gordon White, head of the American arm of the giant industrial conglomerate Hanson PLC, which he co-founded.”