A division bench of IHC comprising Chief Justice Athar Minallah and Justice Mianjul Hassan Aurangzeb heard the petition of Defence of Pakistan chairman Hafiz Ehtesham Ahmad. After hearing the arguments the bench dismissed the case saying it is non-maintainable as it involves personal issues.
During the court proceedings, Ehtesham argued that Imran is a public office holder and therefore, his personal matters could not be considered beyond scrutiny.
However, Justice Athar asked the petitioner if he had read the Article 63(1)(h) of the Constitution, under which he had sought PM Khan's disqualification. The Article 63(1)(h) stipulates that a person convicted of a crime of "moral turpitude" and sentenced to jail for not less than two years can not contest election.
He stated that in Islam, it has been said that [one should] put a curtain on [other people's] private matters and reprimanded the petitioner for interfering in, what the judge believed, to be a personal matter for the Premier.
Justice Athar also warned the petitioner if such requests were submitted in future, the petitioner would be fined.
Abdul Wahab Baloch and Hafiz Ehtesham have filed the petitions against Imran Khan, praying to bar the PTI chief from taking PM's oath as he is not Sadiq and Ameen under 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 recently approached the court again for hearing of this matter.
The petitioners stated that Imran Khan has sworn false declaration to the effect that he fulfils the qualification under Article 62 of Constitution and not subject to disqualification given in Article 63. They said that the PTI chief should be disqualified under Article 62(1)(d)(e)(f) and (g) of Constitution.
Ehtesham argued that he is not desirous to indulge in the life of an elected member of the National Assembly, but is 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.
He further argued that in the presence of the documents, the IHC should summon Imran Khan to answer "Whether is Tyrian Khan White not his loved child from his girlfriend - Anna Luisa (Sita) White?"
The petitioner stated that Section 13 of CrPC is meant for the execution and implementation of the certified judgment following the judgment in Nawaz Sharif case. He stated that Imran Khan filed a wrong declaration in the past and has been concealing again that Tyrian Jade is his illegitimate daughter.
He further argued that the court should not allow Imran Khan to hold public office, as he has not only cheated the public but also the Election Commission of Pakistan. "Imran Khan could not be termed as sagacious, righteous, non-profligate, honest and Ameen as per the Article 62(1)(f)," the petition said.