ISLAMABAD: An Islamabad High Court (IHC) division bench, constituted to hear a disqualification case against Imran Khan, was dissolved as one of the members recused himself from hearing the case.
IHC division bench comprising Justice Shaukat Aziz Siddiqui and Justice Athar Minallah was constituted to hear the petitions filed by a candidate from NA-53, Abdul Wahab Baloch of Justice and Democratic Party Pakistan (JDP) led by former chief justice of Pakistan Iftikhar Mohammad Chaudhry and a citizen.
However, Justice Minallah at the very outset said that since he had been the spokesman for Justice Chaudhry during the movement for restoration of judiciary therefore he would not hear the petition.
Subsequently, the matter was referred to the IHC Chief Justice Mohammad Anwar Khan Kasi for reconstitution of the bench.
Earlier on July 31, IHC bench comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb also recused from hearing Baloch’s petition since the counsel advocate Ahsanuddin Sheikh filed an application for transfer of the case to another bench.
The petitioner raised objections to the nomination papers of Imran Khan for concealing his ‘daughter’ Tyrian Jade Khan-White at the time of filing the nomination papers.
The returning officer (RO) as well as the appellate tribunal for Islamabad rejected these objections and allowed Khan to contest the general elections.
The contention of Advocate Sheikh Ahsanuddin, counsel for Baloch, was that the tribunal as well as the RO had dismissed the objection by saying that only the voter of a particular constituency could raise an objection.
Under the Elections Act 2017, he argued, an opposing candidate could also file objections to the candidacy of a contestant.
According to the counsel, Imran Khan is not Sadiq and Ameen under Section 62 (1)(F) of the Constitution.
Published in Dawn, August 17th, 2018