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MQM vs Imran Khan and Sita White Illegitimate Child Tyrian Jade

MQM vs Imran Khan and Sita White Illegitimate Child Tyrian Jade

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Published by Aamir Mughal
PTI Moral Police: Wajihuddin Ahmed, Imran Khan, Sita White & Tyrian Khan. http://chagataikhan.blogspot.com/2012/08/pti-moral-police-wajihuddin-ahmed-imran.html
PTI Moral Police: Wajihuddin Ahmed, Imran Khan, Sita White & Tyrian Khan. http://chagataikhan.blogspot.com/2012/08/pti-moral-police-wajihuddin-ahmed-imran.html

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Published by: Aamir Mughal on Aug 10, 2012
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09/09/2014

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BEFORE THE ELECTION COMMISSION OFPAKISTAN
 
PRESENT:
MR. JUSTICE ® QAZI MUHAMMAD FAROOQ,CHAIRMANMR. JUSTICE NASIM SIKANDAR, MEMBERMR. JUSTICE AHMED KHAN LASHARI, MEMBER
 In Re: REFERENCES UNDER ARTICLE 63(2) OF THECONSTITUTION, RECEIVED FROM SPEAKERNATIONAL ASSEMBLY OF PAKISTAN, ISLAMABADREGARDING DISQUALIFICATION OF MR. IMRANKHAN, MNA.
REFERENCE NO. 1 OF 2007
 
(F.No.17(1)/2007-Law)
Dr. Sher Afgan Khan Niazi
Versus
Mr. Imran Khan, MNA…………..
For Petitioner: Dr. Sher Afgan Khan Niazi (in person). For the Respondent: Mr. Hamid Khan, AdvocateMr. Ahmed Awais, Advocate
REFERENCE NO. 2 OF 2007(F.No.17(2)/2007-Law)Dr. Farooq Sattar & 9 Others.
Versus
Mr. Imran Khan, MNA……………..
For the Petitioner Barrister Habib-ur-Rehman, Advocate
Dr. Muhammad Ali Saif, Barrister-at-Law
 Dr. Farooq Sattar, MNAMr. Shamim Siddiqui, MNARana Hyder Abbas Rizvi, MNAMr. Iqbal M. Khan, MNAMr. Abid Ali Umang, MNAMr. Israr-ul-Ibad, MNA
Dr. Abdul Karim Khanzada, MNASyed Safwan Ullah, MNA
For the Respondent Mr. Hamid Khan, AdvocateMr. Ahmed Awais, AdvocateDates of hearing: 16 & 27.7.2007; 1, 9 & 29.8.2007and 5.9.2007
………………
 
 2
ORDER
 MR. JUSTICE ® QAZI MUHAMMAD FAROOQ, CEC:-
We havebefore us two disqualification – related References under Article 63(2) of the Constitution of the Islamic Republic of Pakistan against Mr.Imran Khan, MNA, Chairman Pakistan Tehrik-e-Insaf (respondentherein), who was elected as a member of the National Assembly of Pakistan from NA-71 Mianwali-1 in the General Elections held onOctober 10, 2002. Both the References are identical in form andsubstance and as such are being disposed of by this common judgement.2. The References were received from the Speaker, NationalAssembly of Pakistan on 21-6-2007. The question of disqualificationof the respondent formulated therein is the out-come of two separatepetitions filed by Dr. Sher Afgan Khan Niazi, Minister forParliamentary Affairs and Dr. Muhammad Farooq Sattar, MNA andnine other MNAs belonging to Muttahida Qaumi Movement.3. Put shortly, the allegations made by Dr. Sher AfganKhan Niazi in his petition are that the respondent in his nominationpaper had declared on oath that he was qualified under Article 62 of the Constitution to be a member of the Parliament and was notdisqualified under Article 63 whereas he was disqualified being notqualified to contest the election within the meanings of clauses (d) (e)and (f) of Article 62 of the Constitution read with paragraphs (d) (e)and (f) of sub-section (1) of Section 99 of the Representation of thePeoples Act, 1976. Lack of qualification was on account of the fact
 
 3
that he was having a love-child from one Ana-Luisa White (SitaWhite). The concealed fact stood confirmed by a judgement of paternity rendered by a Superior Court of the State of California forthe county of Los Angeles in favour of the said Sita White wherein itwas held that the respondent was the father of the minor childnamed Tyrian Jade born on June 15, 1992. The respondent had notchallenged that judgement and finally in the year 2004 accepted Tyrian Jade as his daughter and he and his wife Jamima Khan hadbecome her guardian.4. Dr. Muhammad Farooq Sattar and others made similarallegations in their petition and by way of elaboration of the violatedprovisions of Article 62 of the Constitution asserted that respondentwas not of a good character; he had violated Islamic injunctions; hewas not sagacious, righteous, non profligate, honest and Ameen andhad committed a major sin of adultery with Sita White instead of abstaining from major sins. The respondent stood disqualified frombeing a member of the National Assembly as he was not qualified tobe a member of the Parliament from the very inception of hiscandidature.5. The References also contain a gist of the allegationsmade in the petitions which served as a springboard for formulationof the question referred for determination. The same are wordedthus:-“Mr. Imran Khan, MNA has a daughter from SitaWhite, without being legally wedded to her andthis fact was proved by the judgement dated 13
th
 August, 1997 of the Superior Court of the State of 

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