PTI Chairman Imran Khan on Wednesday requested the Islamabad High Court (IHC) to dismiss a petition — seeking his disqualification for not mentioning “his daughter Tyrian Jade White” in his nomination papers — saying that it was “not maintainable” on legal grounds.

The former prime minister argued that he was not a member of the National Assembly anymore, therefore such a petition was “not maintainable and may not be proceeded”.

Last year, Sajid Mehmood had filed a petition in the IHC claiming that although Imran made arrangements for Tyrian White’s upkeep in the United Kingdom, he did not disclose it in nomination papers and affidavits filed by him for contesting elections.

The IHC on Jan 19 had asked Imran to submit his reply by Jan 27 after his counsel Salman Akram Raja sought time citing the need for the litigants to go through a biometric verification process before the submission of documents.

In his response submitted today, Imran stated that his resignation from the National Assembly “is irrevocable and he has no intention of taking up a seat in the present National Assembly”.

He argued that the IHC could not examine the “veracity or otherwise of any declaration or affidavit issued” in the exercise of its constitutional jurisdiction, especially with respect to a person who had ceased to hold public office.

“Such examination requires the leading of evidence, examination and cross examination of witnesses in a course of a trial before a competent forum.”

The PTI chief also referred to similar petitions filed in the IHC and Supreme Court previously that were dismissed on the same grounds.

He added that a case considered once before to be “improper to proceed with” could not be taken up again as per the law.

The petition

Sajid Mahmood, the petitioner, had alleged that the PTI chairman did not marry Sita White because her “racist father categorically told the respondent (Imran) that if he married Sita, they would not get a penny of his money”.

“Only thereafter, he met Jemima, another rich lady, and in a very short time married her.”

The petition, titled “Imran versus Imran — the untold story”, recalled the circumstances in which the custody of Tyrian Jade was given to Jemima.

It stated that Ana-Lusia White, in her will of Feb 27, 2004, had nominated Jemima Khan as guardian of her daughter Tyrian Jade Khan-White. Sita White died that year on May 13.

The petition went on to state: “Jemima Goldsmith had been the spouse of Imran Khan (1995-2004).

“The concealed facts stood confirmed by a judgement 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.”

Imran Khan initially joined the proceedings through his attorney, but defaulted after he was asked to undergo a blood test, it added.

However, he later submitted a declaration to a court of guardianship when Caroline White, Sita’s sister, asked the court that she be appointed Tyrian’s guardian, the petition alleged.