Imran Khan, Bushra Bibi's plea in 'illegal' marriage case rejected, sentence upheld
Pakistan
Additional District and Sessions Judge Muhammad Afzal Majoka announces the verdict
Previously, Sessions Judge Shahrukh Arjumand couldn't announce the reserved verdict as Maneka raised objection against him
ISLAMABAD (Dunya News) - A district and sessions court on Thursday rejected PTI founder Imran Khan and his spouse Bushra Bibi's application for suspension of their sentences in the nikkah during iddat case, upholding their punishment.
Additional District and Sessions Judge Muhammad Afzal Majoka announced the verdict he reserved on Tuesday (June 25) after recording evidence and hearing arguments from all sides.
The judge issued a 10-page detailed judgement ruling that offenders are not eligible for bail even in bailable offenses under Section 426.
"...[there is] no ground for suspension of [the] sentence is available to both the petitioners. Accordingly, both the petitions under section 426 Cr.PC are dismissed."
The judge ruled that under the law even a woman offender cannot claim bail.
The judge stated that the merits of the case cannot be discussed during the hearing of applications for suspension of sentence or release on bail. Moreover, the sentence is neither short-term nor have they served much of their term.
PREVIOUS PROCEEDINGS
During the last hearing, Imran Khan and Bushra Bibi's counsel Salman Safdar, and Khalid Yousuf Chaudhry and Khawar Maneka's lawyer Zahid Asif Chaudhry appeared before the court.
Bushra Bibi's lawyer Salman Safdar raised objection to the jurisdiction of the trial court in the case.
Safdar argued that the nikkah was solemnised in Lahore but sentence was awarded in Islamabad, which didn't come under the ambit of this court.
Talking of his long career in the criminal practice, the lawyer wondered that no lawyer ever fought a case like this in court, adding that no one knew who committed fraud as both husband and wife were languishing in the jail.
Expressing sympathy with Khawar Maneka, he said he moved court under extreme pressure after years.
Safdar also mentioned suspension of sentence in the cipher case which, he said, had been challenged in the apex court before even entering the high court.
The counsel also briefly talked about the suspension of sentence in the Toshakhana case which took only three minutes for the judge to decide, adding that he expected the same briskness from him in this case as well.
"We will respect your decision either it is in our favour or against us as we have waited too long in the previous court of Shahrukh Arjumand by showing patience," he argued.
Barrister Safdar said he was representing a woman and a mother in this case, who was complaining of her sore feet in the jail.
Khawar Maneka's lawyer Advocate Zahid Asif interjected by saying that Bushra Bibi had requested herself to move to Adiala Jail from Bani Gala, adding that now she shouldn't have any complaints. On this Barrister Safdar responded that plaintiffs didn't raise objections in the cipher and Toshakhana cases.
"I am hopeful that the lawyer on the opposite side will also do the same in this case. Sessions Judge Shahrukh Arjumand couldn't announce his verdict as a reference was made which ultimately brought us in front of you. But I'll accept your verdict whatever it may be. Salman Akram Raja was right when he was bent on taking a verdict from Shahrukh Arjumand's court," added Safdar.
The judge asked Safdar if he was planning to file application of suspension of sentence on medical grounds to which Safdar replied that he would talk on this in the end.
Safdar told the court that the IHC was fully aware of the situation in the lower courts as complainant is using delaying tactics on purpose.
Barrister Safdar also read the IHC verdict before the court in his concluding arguments.
After hearing both sides, the court reserved the verdict.
