Nikkah case hearing adjourned till June 25

Islamabad: During the hearing of the illegal marriage case against Imran Khan and Bushra Bibi, there was laughter in the court on the judge's remarks.

The appeals against the sentence of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi in the Iddat marriage case were heard in the court of Judge Afzal Majuka in District and Sessions Court Islamabad.

PTI founder's lawyer Salman Akram Raja and Bushra Bibi's lawyer Usman Gill appeared in the court while Khawar Manika's lawyer Zahid Asif also appeared in the court.

At the beginning of the hearing, Khawar’s lawyer requested to adjourn the hearing without proceeding. On which Judge Afzal said that the hearing of this case cannot be postponed.

The learned judge remarked that there is a hearing on the central appeals on June 25, till then the mandatory arguments must be finalised, you should contact Khawar Manika and ask for the power of attorney on WhatsApp.

Judge Majuka while talking to the lawyers of founder PTI and Bushra Bibi said to answer his two questions and satisfy him on suspension of sentence.

Lawyer Salman Akram stated: “I will give arguments on the appeals today,” while Usman Gill said that he is ready to fully support the court. He has to go to Adiala Jail and will give arguments on Monday. The judge said that it is not possible to hear on Monday, he will hear on Tuesday.

PTI’s lawyer Raja added that the court should follow the decision that came later from the Supreme Court, the situation has changed after the constitutional amendment of 1985.

Lawyer Salman Akram further said that the decision given under the jurisdiction of the Shariat Court is the final authority. The decisions made before the establishment of the Shariat Court cannot be referred to. According to Islam, it is not allowed to look into a woman's personal life, her statement is considered final. After 39 days of Iddat, it will not be seen again.

He also stated that the Supreme Court put all the blame on the complainant who did not take the statement of the woman. The court had dismissed the complaint after 39 days of Iddat.

Judge Afzal Majoka said that the decision of the Supreme Court cannot be invalidated by the Sessions Court.

Salman Akram Raja said that the word ‘Iddat’ is not used in the Muslim Family Law. 90 days should pass after the notice of divorce is sent to the Chairman Union Council. In this case, both parties are admitting that the divorce was done anyway. The concept is Iddat is Shariah. After the Shariah Law, the Supreme Court made decisions based on it.

Lawyer of Imran Khan stated that the complaint was filed based on sections 496 and 496B. Section 496 is based on fraudulent marriage and was added to the law in 1860.

He told the court that there is a huge difference between the marriage of Hindus, Christians, and Muslims. According to the legislators, a Christian marriage cannot take place unless the priest performs it himself. Who is doing the fraud? Who is doing it with? There are two parties, one of which will be fraudulent.

Judge Afzal said that there was no punishment in 496B. On which Salman Akram Raja said that 496B was terminated, there is no question of punishment. The indictment was not even filed in 496B, there must be two witnesses in 496B who did not come forward.

Salman Akram Raja said that according to Khawar Manika, written divorce was given three times on November 14, 2017. According to us, Bushra and Khawar were divorced in April 2017. After which, Bushra Bibi went to her mother's house where she lived for four months.

The lawyer stated that Bushra Bibi was not allowed to put forward her position during the trial. If the Supreme Court terminated the marriage for 90 days, then the notice is not justified. The court has to see what the Islamic Shariat says about Iddat. The Fatwa of the reign of Emperor Alamgir was made part of the Sharia court.

Lawyer Salman added that it is an unusual situation. The Supreme Court directed that the sentence should be suspended and the appeal should be decided. Even if the allegations of the complainant are accepted, the case is not proven. The complainant also did not produce evidence against Bushra Bibi. Two judgments proved that the Sharia Court protects the rights of women. The purpose of the law is to support women.

He said that the testimony started on February 1 and the trial court gave the verdict on February 2, on which the judge expressed surprise and asked the verdict in two days. Salman Akram replied that they stood for 14 hours straight for two days. The trial court wanted to do everything in the same day, the verdict had to be pronounced.

Salman Akram told the court that he remained standing in Adiala Jail till 12 o'clock in the night. The trial court had declared war that the verdict was to be pronounced on February 3. He asked the judge, have you ever asked a lawyer to give arguments at 11:00pm?

The lawyer said that Khawar called Bushra Bibi the most noble woman in the world. Manika said that she was noble until the founder of PTI interfered in her life. He prayed for Imran in the interview and that they had a spiritual connection. Khawar remained silent for five years and 11 months before filing the complaint and was arrested and spent four months in jail.

Lawyer Salman said Manika came out of jail on November 14 and filed a complaint on November 25. We know what happens to people who go to Chilla.

Judge Afzal Majoka remarked that the court noted that the complaint was filed late under pressure.

Lawyer Salman stated that he wants to bring the lies of Mufti Saeed before the court. For Mufti Saeed I have no polite word for lying. Before Khawar Manika, a citizen named Hanif who appeared somewhere in the air filed a complaint. The witnesses in Muhammad Hanif's complaint were the same as those in Khawar Manika's complaint. Aun Chaudhry keeps making complaints, all the witnesses were gathered by him.

He said, “My heart does not feel like calling Mufti Saeed a scholar. Can one think of lying while standing in the court. Mufti said that it is not known who were the witnesses in the second marriage. In the presence of Aun, Mufti Saeed said that it is not known who was the witness. He is not trustworthy. Chaudhry was awarded a party ticket.

Judge Afzal Majoka asked when did Khawar Manika know that Bushra and Imran got married. On which his lawyer Zahid Asif said I will ask Khawar and inform the court.

The lawyer Salman Raja stated that there is no charge against Imran. On which the judge remarked that this is a fraud that happened to Imran Khan, which caused laughter in the court.

Judge Majoka said that the decision on the appeal has to be made before June 27. If no party appears, he will still make the decision.

He adjourned the hearing on the application for suspension of sentence filed in the marriage case in Iddat till June 25.