ISLAMABAD: A two-member division bench of the Islamabad High Court (IHC) on Wednesday recused itself from hearing an appeal seeking the disqualification of PTI leader Imran Khan for concealing his alleged daughter, Tyrian Jade White after the counsel of a candidate from NA-53, Islamabad, challenged the constitution of the bench.

Abdul Wahab Baloch, NA-53 candidate for the Justice and Democratic Party Pakistan, raised objections over Imran Khan’s nomination papers for concealing his alleged daughter in the nomination papers.

The returning officer (RO) as well as the appellate tribunal for Islamabad rejected these objections and allowed Imran Khan to contest the general elections.

Sheikh Ahsanuddin, Mr Baloch’s counsel, argued that the tribunal and the RO had dismissed the objection by saying that only voters of a particular constituency could raise objections.

Under the Elections Act 2017, he argued, an opposing candidate could also file objections to the candidacy of a contestant.

The counsel said, Imran Khan is not Sadiq and Ameen under Article 62(1)(F) of the Constitution.

Initially the case was fixed before the division bench consisting of IHC Justice Shaukat Aziz Siddiqui and Justice Aamer Farooq. However, the IHC chief justice re-constituted the bench and replaced Justice Siddiqui with Justice Miangul Hassan Aurangzeb.

On Wednesday, advocate Sheikh challenged the re-constitution of the bench, saying that on July 23, the division bench headed by senior puisne judge Justice Shaukat Aziz Siddiqui passed an effective order, for admitting the petition for hearing and the case was adjourned till Aug 1.

The petition filed against the constitution of bench says: “as per Court Program (duty Roaster) issued for July 16, 2018 to July 20, 2018, Hon’ble Mr Justice Miangul Hassan Aurangzeb was (not available on 20th July, 2018) and for the period from July 23, 2018 to till further orders.”

Subsequently, for July 30, 2018 to August 03, 2018 a fresh roster of sitting was issued according to which the division bench consisting of Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb has been constituted despite the availability of the senior puisne judge.

It said that “in media time and again it has been disseminated that summer vacations of Justice Miangul Hassan Aurangzeb has been cancelled to reconstitute the bench hearing the writ petition against Imran Khan relating to Article 62, 63 of the Constitution. Obviously such impression in the interest of institution could have been dispelled conveniently by allowing Court Roster for the week commencing from July 23, 2018 onward to continue.”

Advocate Imran Haider Kazmi, another counsel of Mr Baloch, requested the court not to hear the matter since the constitution of their bench has been questioned.

Justice Farooq though, expressed displeasure over these arguments but finally remarked that since allegations have been hurled against the constitution of the bench, therefore, him and his fellow judge were recusing themselves.

While dictating the order of the day, he requested the IHC chief justice not to include him as well as Justice Aurangzeb in the bench that would hear this case.

Dr Babar Awan appeared on behalf of Imran Khan and opposed the re-constitution of the bench and requested that the plea seeking transfer of the matter may out-rightly be dismissed.

According to Mr Awan, the petitioner wanted a ‘choice’ bench, there is no provision under the law under such relief could be sought, and transfer of a case from one bench to another is the prerogative of the Supreme Court.

Published in Dawn, August 2nd, 2018