The Islamabad High Court dismissed a petition in the Tyrian White case, citing it as an intrusion into PTI founder Imran Khan’s private life. The court ruled that the petitioner failed to prove Tyrian White is Khan’s biological child or under his care.
A three-member bench, including Justice Tariq Mahmood Jahangiri, Justice Arbab Muhammad Tahir, and Justice Saman Rafat Imtiaz, delivered the decision. The court stated that the majority decision by two judges stands, despite the Chief Justice’s recusal, leaving no room for further hearings.
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The court’s 54-page judgment relied on a previous majority decision by Justices Mohsin Akhtar Kayani and Arbab Muhammad Tahir. It declared the petition inadmissible, noting that the petitioner could not prove Khan ever acknowledged responsibility for Tyrian’s upbringing and care.
For a writ of quo warranto to be admissible, undisputed facts must be presented that require no further clarification or investigation. The petitioner referenced a 13th August 1997 unilateral decree from a Los Angeles court, but only the party seeking to enforce a foreign court’s decree in Pakistan has standing to do so. Tyrian Jade Khan White alone has the right to enforce such a decree regarding her legal status, not the petitioner, who is a Pakistani citizen and was not a party to the US court’s decision.
The judgment further dismissed the petition seeking to disqualify Khan as a National Assembly member for allegedly concealing Tyrian Jade White in his nomination papers. The judgment stated that the petition includes accusations against Khan of adultery and illegitimate relationships.
The petitioner is neither a witness to these allegations nor able to substantiate them with a recognized judicial decision. The petitioner raised questions about Khan’s personal life and character, impacting Tyrian Jade Khan’s life.
The court emphasized that such accusations, contrary to the Quran and Sunnah, are not recognized. Under Article 199 of the Constitution, the court cannot decide on disputed matters of this nature.
