Suspension of sentence in Iddat case: IHC directs sessions’ court to decide IK, Bushra’s plea

ISLAMABAD: The Islamabad High Court (IHC) directed the sessions’ court to decide the petition of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and Bushra Bibi for suspension of their sentence in the Iddat case within 10 days.

The bench, on Thursday, also gave one month’s time to the lower court to decide the petitions challenging the conviction of former prime minister Imran Khan and his wife Bushra Bibi in the Iddat case.

A single bench of IHC comprising Justice Miangul Hassan Aurangzeb issued the directions while hearing the petitions of Imran and Bushra Bibi challenging the transfer of their case from one court to another court.

Imran and Bushra Bibi were sentenced in the IddatNikkah case 3rd February. Twenty days later, the appeal against the verdict was filed in the sessions court. Judge Arjumand heard the appeal and was expected to announce his decision on May 29, when he requested the IHC to send the case to another judge.

Later, the IHC transferred the case to Additional District and Sessions Judge Muhammad Afzal Majuka. Imran and Bibi challenged the transfer of the appeal in the IHC through lawyer Salman Akram Raja. However, the registrar’s office raised the objection that the appeal was pending before the sessions court.

Justice Miangul Hassan wrote in his written order that indeed Section 526(1) Cr.PC empowers the high court to order a particular case or appeal to be transferred from a criminal Court subordinate to its authority to any other such criminal Court of equal or superior jurisdiction. He added that it also empowers this Court to transfer a particular case or appeal to itself.

He further stated, “However, in the case at hand the petitioner has not been able to convince this Court that the Additional Sessions Judge, Islamabad-West would not conduct the proceedings in the appeals in a fair or impartial manner. It has also not been shown as to why it is expedient or how the interest of justice would be served if the appeals are transferred back to the Court of the Sessions Judge, Islamabad East or to this Court.”

“Therefore, the essential prerequisites for the transfer of an appeal in terms of Section 526(1) CrPC are not satisfied in the instant case,” maintained the judge.

Justice Miangul Hassan noted, “This Court appreciates the anxiety of the petitioner caused by the delay in the appellate proceedings attributable to respondent No.2. A reference was sent for the transfer of the case on the day on which the judgment in the appeals was to be rendered. The transfer of the appeals to the Additional Sessions Judge, Islamabad-West implies that the new Presiding Officer will have to hear the appeals all over again.”

He mentioned that the appeals are also accompanied with applications for the suspension of the sentence awarded to the petitioner through judgment dated 03.02.2024. Therefore, he said that bearing in mind all the relevant circumstances, “I deem it appropriate to dispose of the instant petition with a direction to the transferee Court to decide the applications under Section 426 CrPC within a period of ten working days from today (Thursday) and to decide the appeals within a period of thirty days from today.”

He further said that in this regard, report shall be submitted to the Member, Inspection Team of this Court.

Copyright Business Recorder, 2024