ISLAMABAD: A district and sessions court on Saturday acquitted Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan and his wife Bushra Bibi in the Iddat case against them and ordered their immediate release if they are not wanted in any other case.
Additional district and sessions Judge Muhammad Afzal Majoka, while announcing its reserved judgment, accepted Khan’s and his wife’s appeals against their conviction in the Iddat case. The judge said that if they were not wanted in any other case, the Khan and his wife be released immediately.
According to 28-page written order of the court counsel for the complainant has strenuously argued that the complainant/respondent was deprived from the right of reconciliation [Rajow] so he was defrauded by the appellants. In cross-examination the respondent deposed that on the second day of marriage of the appellants he came to know of their marriage. It is surprising to note that he remained passive for about six year for his right of Rajow which period had already expired before the filing of this private complaint, the judge says.
Court acquits Imran Khan, Bushra Bibi in Iddat case, orders release
It says that in the instant case both appellants contracted second marriage as per statement of complainant part after Iddat, therefore, this marriage valid marriage. Similarly, under Sunni law, an unlawful conjunction by way of marriage during Iddat period renders the marriage irregular and not void and an irregular marriage become regular the moment the bottleneck is removed, ie, Iddat period expires. However, husband marrying during Iddat period cannot be made liable for consensual Zina under section 10 (2) of the offence of Zina (enforcement of huddood) ordinance 1997 along with his marriage partner.
It says that complainant has failed to prove his case against both the appellants. Accordingly, both the appeals filed by appellants Khan and his wife are accepted, judgment of learned trial court February 3, 2024 is set-aside and consequently both the appellants are acquitted of the charge, it says, adding that they are in custody. They are directed to be released forthwith if not required to be detained in any other case, the court verdict says.
The court judgement says that the release robkar be issued in the name of Superintendent Central Jail Adiala, Rawalpindi.
A local court on February 3 awarded Khan and his wife seven years imprisonment each for allegedly solemnizing Nikah during the Iddat period. Earlier, District and Sessions Judge Shahrukh Arjumand was hearing appeals of Khan and his wife and he had reserved the verdict in May. However, on the day of the announcement of judgment, Khawar Maneka the complainant and ex-husband of Bushra Bibi expressed no confidence in the judge and sought a transfer of the case.
Subsequently, the case was transferred to the court of additional sessions judge Majoka. In June last, judge Majoka had rejected another set of pleas filed by Imran and his wife seeking the suspension of their sentences.
Maneka’s lawyer Zahid Asif Chaudhry as well as Imran Khan’s lawyer Salman Akram Raja and other members of the PTI legal team appeared before the court.
At the start of the hearing, Chaudhry said during the trial, Khan and his wife’s lawyers talked about producing their witnesses before the court. If they want to present their witnesses they can we have no objection over it, he said, adding that the court can accept evidence at any point in time during the case.
He further said during the previous court asked about Fiqh Hanfia and stated that Maneka being the follower of the Fiqh Hanafi sect had lost the right to conciliation with Bushra Bibi, the lawyer told the court that nowhere was the Hanafi sect mentioned neither had Mufti Saeed said anything regarding it.
The lawyer said Khan’s counsel Salman Akram Raja during his argument stated that Khan had got married with Bushra Bibi but had no knowledge of Iddat which shows that Khan shifted the whole responsibility of the case on Bushra Bibi’s shoulders. The husband is sidelining his wife’s sacrifices and saying that he is innocent, he alleged, adding that such behaviour was not expected from a leader.
To this, the judge remarked that this is not possible if the marriage took place, and both husband and wife are responsible.
Maneka’s lawyer said that Bushra Bibi’s lawyer told the court that her client divorced her thrice verbally in April 2017. “If a woman had been divorced verbally then there is no standing of a verbal divorce,” he said, adding that the law says that documented evidence has more weight than the verbal statement.
The complainant’s counsel further argued that neither Imran nor his wife mentioned in any of their statements that their marriage took place after the completion of the period of Iddat. He said that despite being given a chance, they also refused to present witnesses in court.
He also told the court that Khan never stated that she completed her Iddat period. Chaudhry produces different court judgments before the court. The decision of Islamabad High Court (IHC) is present regarding the 90-day duration of Iddat. Until the Iddat is not completed the woman is considered the wife of a person who divorced her, he said.
Khan’s lawyer Salman Akram Raja in his rebuttal citing Muslim Family Laws said that there was no point in the 90-day as according to Section 7 of Muslim Family Law issuing of notice was not mandatory. Even if we accept their argument, there can be a legal defect but the marriage cannot be called fraud, he said. He also highlighted that Maneka, in his statement, had called Bushra Bibi his ex-wife, adding that a photocopy of the divorce papers had already been presented in court. He further said that there is no evidence of Section 494. Section 496 was included in the case but it was removed during the framing of the charge, he said.
The court after hearing arguments reserved its verdict.
Later, the court while announcing its judgment acquitted Khan and his wife.
After Raja wrapped up his arguments, the court reserved the verdict in the case.
Copyright Business Recorder, 2024
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