Tyrian White case: SC challenged IHC's dismissal of petition against Imran Khan

A private citizen filed a petition in the Supreme Court on Saturday against the Islamabad High Court's (IHC) dismissal of his petition seeking disqualification of former Prime Minister Imran Khan for allegedly failing to disclose his daughter, Tyrian Khan White, in his 2018 election nomination papers.

The petitioner, Mohammad Sajid, represented by his lawyer Saad Mumtaz Hashmi, argued that the entire IHC bench erred in treating the concurring opinions of two judges as a court judgment, although he been booked and has not been officially announced.

Sajid contended that Khan failed to mention Tyrian Khan White when he submitted his nomination papers for Mianwali's NA-95 constituency on June 11, 2018. He only listed his wife, Bushra Bibi, and two sons living abroad, Qasim and Sulaiman Khan. This omission, according to Sajid, constitutes a false statement under oath, making Khan liable for disqualification under the principle of the 2018 Habib Akram case.

The petition highlighted that Tyrian Khan White, born June 15, 1992, is indeed Khan's daughter, as confirmed by court records in California, United States.

The petitioner had already brought this issue before the IHC in 2022. A single bench decided on February 2, 2023 to have the matter heard by a full three-judge bench, comprising Chief Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Judge Arbab. Mohammed Tahir. After hearings, they reserved judgment on March 30, 2023.

Before the chief justice could issue his opinion, the concurring opinions of the other two justices were posted on the IHC website, indicating that the petition was denied by a majority of two to one.

Chief Justice Farooq subsequently ordered an investigation and removal of these notices from the website, pointing out that they should not have been uploaded before the official announcement of the judgment. On May 10, 2023, he recused himself from the case, sealing the opinions of both judges and ordering that the case be decided again by a full court.

The petitioner claimed that the case, scheduled before the full IHC judges on May 21, 2024, had been dismissed without further hearing. He contested this rejection, arguing that the opinions of the two judges did not constitute a binding judgment within the meaning of the Supreme Court's jurisprudence.

Sajid asked the Supreme Court to declare the IHC's rejection of his petition “erroneous and liable to be set aside”, saying Khan remains ineligible and disqualified from being elected or holding public office for misleading the electorate into error in his 2018 candidacy materials, an act not mitigated by the expiration of his term.

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