The Islamabad High Court (IHC) has dismissed a petition seeking the disqualification of former Prime Minister Imran Khan for allegedly concealing his daughter, Tyrian White.
A three-member bench comprising Justices Tariq Mehmood Jahangiri, Arbab Mohammad Tahir, and Saman Rafat Imtiaz reviewed the petition on Tuesday after nearly a year of inactivity. The court issued the dismissal order, citing that a previous three-judge bench had already rejected the petition.
This decision refers back to an incident on May 10, 2023, when the opinions of two out of the three judges — supporting the petition’s dismissal — were posted on the IHC’s website. Justices Mohsin Akhtar Kayani and Arbab Mohammad Tahir had favored the dismissal, while IHC Chief Justice Aamer Farooq found the petition maintainable. The majority judgment was deleted from the website shortly after being uploaded, and the bench was subsequently dissolved by the IHC chief justice. The registrar later clarified that the majority opinion “does not constitute judgment of the court.”
However, Tuesday’s ruling contradicted this stance. During the brief hearing, Justice Jahangiri opened the case file and read the opinion of the two judges given last year, ruling that the case had already been dismissed.
In a statement issued by its spokesperson, PTI welcomed the judgment, saying that the two judges had already decided the case, but the IHC Chief Justice “tried to keep it alive on technicalities.” Senior lawyers have also questioned why the bench didn’t decide the case on its merits.
Senior lawyer Ahsanuddin Sheikh, speaking to Dawn, questioned why a new bench was constituted if the case had been decided earlier. He believed that the two judges’ opinions were not binding on the new bench, which comprised three judges. He added that the petitioner could file an appeal before the Supreme Court.
The case, which had been stalled for almost a year, continued to stir controversies. Six IHC judges, who complained of intelligence agencies meddling in their scathing letter to the Supreme Judicial Council, also referenced this case.
The dismissal of the petition marks a significant moment in the ongoing legal and political battles involving Imran Khan. The decision underscores the complexities and procedural challenges within the judiciary, especially in high-profile cases involving prominent political figures.
As the legal saga continues, all eyes will be on whether the petitioner decides to appeal the decision to the Supreme Court, potentially extending the legal battles surrounding Imran Khan and the allegations about Tyrian White.
