ISLAMABAD (National Times) District and Sessions Court Islamabad has reserved judgment on appeal pleas filed by Imran Khan and Bushra Bibi against their conviction in Iddat case.
The appeal pleas filed by Imran Khan and Bushra Bibi against their conviction in Nikah during iddat case came up for hearing before Judge Shah Rukh Arjumand Thursday.
At the inception of hearing the judge said to Usman Riaz Gul advocate that you have to give arguments and you should finalize these arguments today.
Usman Gul advocate said I will take 10 to 15 minutes for arguments.
Judge remarked that Rizwan Abbasi should give his arguments in the court till one p,m at every cost.
Usman Riaz Gul , counsel for Bushra Bibi argued one unknown person registered complaint in the first phase. In the second phase the complaint was registered with one subject. The court has to see the evidence in both the complaints. They did not get register complaint in the period of 5 years and 11 months. They kept on doing what during such long period. This case has been registered as political victimization. Khawar Manika complaint was registered after about 6 years. Ill intent is visible from their designs. The counsel for complainant failed to give explanation regarding question on late registration of case, Khawar Manika is freeing on November 14, 2023 and he registers complaint after 10 days. One day before , first complaint is withdrawn. on the second day Khawar Manika registers complaint. Second complaint is filed through Raja Rizwan Abbasi advocate too. The complaint which is registered in such way should be thrown in dust bin. Either marriage is fraud or otherwise, criminal court is not empowered to give any decision in this regard. Only family court gives decision regarding fraud marriage and nikah cases.
He further argued Bushra Bibi told in her statement under 342 that divorce took place in 2017 and she got solemnized nikah after completing iddat period. Prosecutor Rana Hassan Abbas told the court about facts and he was transferred on next day upon it.
Judge Shah Rukh Arjumand remarked now what can you expect after it.
Usman Riaz Gul ;presented guideline before court with regard to the documents are fake or real.
He said the trial court used its judicial mind in wrong way. If marriage is fraud or otherwise criminal court is not authorized to decide about it. Criminal court sought no opinion from family court. When documents were not presented then why trial court gave decision.
He said Bushra Buibi told in her statement under 342 divorce took place in April 2017 and she solemnized nikah after completing iddat period.
According to judgment of Judge Zafar Pasha of Shariat court the nikah during iddat cannot be called illegal. In Muhammadan law such nikah is called harmful. But it has not been termed illegal.
Deputy prosecutor Adnan Ali while pleading for maintaining the conviction said it is not written any where in the law that criminal trial of such cases cannot be conducted. The claimant did not demand for dissolving the nikkah of Imran Khan and Bushra Bibi. But there is punishment on nikah during iddat.
He argued it is Lahore High Court decision marriage stays before completion of period of iddat.
Assistant lawyer Rizwan Abbasi advocate said this is a private complaint. Rizwan Sahb will give arguments on it.
The assistant lawyer of Raja Rizwan Abbasi advocate kept on repeatedly requesting for adjourning hearing during the arguments.
The court reserved judgment on appeal pleas on completion of arguments.
The decision of the case will be announced on May 29.
