ISLAMABAD: The Islamabad High Court (IHC), Friday, barred the trial court from recording statements of witnesses against Bushra Bibi and PTI founder Imran Khan in Iddat case.
A single bench of Chief Justice Aamer Farooq heard Bushra Bibi, wife of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, seeking dismissal of the plea filed by ex-husband Khawar Maneka against the “fraudulent marriage” between her and Imran Khan.
The petitioner has challenged the Senior Civil Judge-II, East-Islamabad order dated 11.12.2023, whereby, a complaint filed by respondent No2 (Khawar) was admitted and process under Section 204 CrPC has been issued against her to face trial, as well as, order dated 11.01.2024, passed by Additional Sessions Judge-V, East-Islamabad, whereby, revision filed by the petitioner was dismissed.
Justice Aamer wrote in his written order that notices were issued to the respondents on 15.01.2024, and the counsel for complainant/ respondent No2 entered appearance on 17.01.2024. However, no one is in attendance on behalf of the complainant/ respondent No2 on 19-01-2024.
He added; “Let notice be repeated to the said respondent/ complainant. The prosecution shall not lead evidence in the instant matter till next date of hearing.”
During the hearing, Imran and Bushra’s counsel Barrister Salman Akram Raja informed the court that the entire district judiciary was present in Adiala Jail to record statements of witnesses.
The IHC chief justice directed him to provide details of the case as he would stop the trial court from recording the witnesses’ statements. Raja said that even if the witnesses’ statements were accepted, the nikkah took place 48 days after the divorce.
The bench asked what the duration of Iddat was (the intervening period before the next marriage). The counsel replied that usually it was 90 days but Islamic jurisprudent and noted scholar Mufti Taqi Usmani had given a clarification in the said period. He also said that a Supreme Court verdict was available regarding Iddat.
The IHC CJ said that let us suppose the SC ruling was not available then what was he challenging in the petition. The counsel said that he had challenged the summon issued to Imran and Bushra in the case.
Justice Aamer said that as per the law, if nikkah was solemnised during Iddat then it could be regularised later. He wondered what the crime was even if the nikkahwas not formal.
Later, the IHC bench issued notice to Bushra’s ex-husband, Khawar Maneka, and deferred the case till January 25 for further proceedings.
Bushra Bibi filed the petition through her lawyer Barrister Salman Akram Raja and requested the IHC to dismiss the admissibility of the case, stating that a trial court has no jurisdiction to hear it.
In her plea, she mentioned that in their judgments the high courts declared marriages in Iddat to be irregular, not annulled. The petition further contested that Bushra’s ex-husband filed a complaint under malice for nefarious purposes, falsely alleging marriage during Iddat on the basis of false and fabricated documents.
Copyright Business Recorder, 2024
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