ISLAMABAD (National Times) District and Sessions court has adjourned till June 25 hearing of the petition seeking suspension of conviction of PTI founder and his wife Bushra Bibi in nikah during iddat case.

The petition regarding suspension of sentence came up for hearing before Additional Sessions judge Afzal Majoka Friday.

Aleem Shahzad and Aamna Ali counsels for Imran Khan appeared in the court.

On the resumption of hearing Usman Riaz Gul advocate counsel for PTI and Zahid Asif Chaudhry counsel for Khawar Manika appeared in the court.

PTI leaders Aun Abbasi, Shandana Gulzar and Kanwal Shozab were also present in the court.

Counsel for Khawar Manika requested the court to adjourn the hearing. He will file his power of attorney on next hearing.

The judge remarked the hearing cannot be adjourned. The hearing of central appeals is fixed on June 25, The arguments have to be finalized at that day at every cost. You should contact your client and call power of attorney through whatsapp.

Later the judge Afzal Majoka inquired from counsel of Imran Khan and Bushra Bibi to give reply to two questions. The sentence is not brief in this case. therefore, assist the court in regard to conviction of short duration. There are two judgments of Supreme Court (SC) and one is in your favor and one is against you. You will follow which judgment.

Suleman Akram Raja counsel for Imran Khan said there is no judgment against us.

Judge Afzal Majoka said one judgment against you is there.

The counsel said the court will follow what judgment has come later from SC.

Suleman Akram Raja argued the decision given in the power of jurisdiction of Shariah court is final authority. Decisions given before establishment of Shariah court cannot be referred to. It cannot be done that Taqi Usmani has given decision and it should be kept aside. There is principle in Islam that we have not to peep into personal life of woman. The statement of woman will be considered final. If 39 days of iddat are passed then we will not peep into it.

He said no responsibility has been shifted to woman in the decision of supreme court. The apex court shifted all the blame to prosecution that they have not recorded statement of the woman.

The court had dismissed the case for the very reason that 39 days of iddat have passed.

Judge Afzal Majoka said the decision of SC cannot be called incorrect by this court.

Counsel for Imran Khan said word of iddat has not been used in Muslim family law. 90 days should pass after sending notice of talaq to chairman union council. Every one is admitting in this case that divorce has taken place. The concept of iddat is shariah’s concept.

Counsel Suleman Akram Raja said who is committing fraud and with whom. Two respondents are here. One among them will be fraud.

Judge Afzal Majoka inquired has sentence been not awarded under 496-B.
Suleman Akram Raja told 496 B was revoked. Even indictment was not framed under 496-B. There must be two witnesses in 496-B who have not come to fore.

According to Khawar Manika tripple talaq was given on November 14, 2017. According to us, the divorce took place in April 2017, Bushra Bibi went to her mother’s home after divorce. She stayed there for four months. Bushra Bibi was not allowed to place her stance during the trial.

The counsel for Imran Khan said the entire case has been made on the event of marriage. The criminal case cannot be run even if section 7 was violated. When no notice was given to chairman union council then it cannot be made any idea divorce took place when. No mention is made in section 7 of family law. SC abolished link of 90 days to marriage. For a moment we start story from November 14. If divorce has been given on November 14 then the relation of 90 days stands abolished. Because no notice was given to chairman Union council. Then there is no justification of notice. The court has to see Islamic shariat says what with reference to iddat. Shariah court has made the fatwa given in the era of Shahinshah Alamgir its part.

Counsel Suleman Akram Raja told the situation is extraordinary. The superior judiciary gave direction the conviction is suspended and decision has to be given on appeal.

If the allegations from complainant are accepted even then case is not proved. The complainant has not presented evidence against Bushra Bibi. Two decisions proved that Shariah court protects the rights of woman. No mention is made about period of iddat in Shariat. The woman has not to prove that her 3 periods have passed. The complainant has to prove that 3 periods have not passed.

Sulaman Akram Raja filed copy of Mufti Saeed interview in the court through USB.
The counsel said Mufti Saeed admitted he gave interview to Shahzeb Khanzada anchor of GEO News. The evidence started on February 01. The trial court announced decision on February 02.

Judge Afzal Majoka while expressing surprise remarked court gave the decision in two days.

The counsel for Imran Khan told we stood for 14 hours during two days. Trial court said we do all today.
Trial court said let us do process of witnesses and arguments all today. We stood in Adiala Jail till 12 P.M night. It was declaration of war of trial court that decision has to be announced on February 3.
The interview given by Khawar Manika to Geo anchor person Shahzeb Khanzada was run in the court.

Suleman Akram Raja said Shahzeb Khanzada too used the word former in the interview. Khawar Manika too said former wife. Khawar Manika lied in trial court that Bushra Bibi was not former wife while giving interview. Khawar Manika is liar. He lied in the court.

Sulaman Akram said Khawar Manika prayed for Imran Khan in interview saying there was spiritual relations with him.

Khawar Manika remained silent for five years and eleven months before lodging complaint. Khawar Manika was arrested. He remained in jail for 4 months. He was released from jail on November 14 and he got registered complaint on November 25. We know what happens with the people who go on chilla. I want to bring lies of Mufti Saeed before the court. I have no cultured word for Mufti Saeed except liar.

One Muhammad Hanif who appeared from wind lodged complaint before Khawar Manika. The same witnesses were there in the complaint of Muhammad Hanif who were there in the complaint of Khawar Manika. Aun Chaudhry used to assemble all witnesses.

In return, ticket of Istehkam party was awarded to Aun Chaudhry.

Suleman Akram Raja told the court there is no evidence that fraud nikkah has been solemnized.

The judge remarked decision has to be given on the petition regarding suspension of conviction before June 27. If any respondent does not come I will give decision by seeing record. Now I am keeping the case for June 25.

Later the court adjourned the hearing of appeal seeking suspension of conviction till June 25.