Iddat Nikah case: Court has to pronounce verdict by 12th at all costs, says judge

IHC judge Miangul Hassan Aurangzeb had also ordered sessions court to decide on their pleas against their conviction

By Our Correspondent
July 04, 2024
Pakistan´s former Prime Minister, Imran Khan (R) along with his wife Bushra Bibi appear before registrar office in the High court, in Lahore on July 17, 2023. — AFP

ISLAMABAD: Additional District and Sessions Judge (ADSJ), Islamabad, Mohammad Afzal Majoka, has said that the court will have to pronounce the verdict in the Iddat Nikah case by July 12 at all costs. The court adjourned the hearing on the appeals until July 8.

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On June 13, the Islamabad High Court ordered the sessions court to decide in 10 days on pleas filed by Pakistan Tehreek-e-Insaf founder Imran Khan and his wife Bushra Bibi who have sought the suspension of their sentences by a trial court in the Iddat case.

IHC judge Miangul Hassan Aurangzeb had also ordered the sessions court to decide on their pleas against their conviction in the case in one month.

Judge Majoka on Wednesday heard the appeals against the conviction of Imran and Bushra Bibi in the Iddat case. During the hearing, the lawyers representing the PTI founder and his wife presented their arguments.

Imran Khan’s lawyer, Salman Akram Raja, contended that the complainant’s statement alone, without supporting evidence, was insufficient for a conviction. He argued that the trial court lacked the legal competence to rule on the case.

Salman Akram Raja also cited Surah Baqarah, stating that the period of Iddat is not 90 days. In response, Judge Majoka mentioned that both the IHC and Lahore High Court have judgements indicating 90 days. He added that the Supreme Court’s verdict would be deemed to be final in this matter.

During the hearing, Judge Majoka inquired if the trial court should have accepted the references or sought additional evidence. Salman Akram Raja replied that if the references were not accepted, the court could have sought further evidence. He emphasised that the trial court did not consider the Shariat Appellate Bench of the Supreme Court and questioned who committed fraud in this case.

The PTI founder’s counsel argued that the entire case hinged on Latif’s statement which, along with the testimonies of all witnesses including Khawar Manika and Latif, was false. He also pointed out that 92 CRMS gives weight to the woman’s statement.

After completing his arguments, Bushra Bibi’s lawyer, Salman Safdar, concurred with Salman Akram Raja’s arguments regarding the Iddat period, stating he had nothing further to add. He praised Salman Akram Raja for his thorough handling of the case.

Judge Majoka urged for the arguments to be completed by July 8, reiterating that the court must issue a decision by July 12. The court adjourned the hearing on the appeals until July 8.

The couple, Imran and Bushra, was convicted on February 3 by a senior civil judge for marrying during Bushra Bibi’s Iddat period. They received a sentence of seven years in jail and a fine of Rs500,000 each. They appealed the conviction before District and Sessions Judge Shahrukh Arjumand. However, Judge Arjumand recused himself after the hearing had concluded and the verdict was pending. The case was then transferred to Additional District and Sessions Judge Mohammad Afzal Majoka.

Meanwhile, Bushra Bibi’s counsel filed a petition with the IHC seeking her release on bail and the suspension of her sentence.

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