February 03, 2024
RAWALPINDI: A trial court on Saturday handed seven-year sentences, each, to Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi in the "un-Islamic nikah" case at the Adiala jail today.
The couple, who were present at the court during sentencing, have also been fined Rs500,000 each — for which the failure to pay provisions additional four months of incarceration.
The verdict was pronounced by senior civil judge Qudratullah today, a day after the hearing of the case was conducted inside the jail premises for 14 hours a day earlier.
The court had reserved its decision after the arguments were completed yesterday.
The judge issued the court's verdict in the case pertaining to the plea filed by Bushra Bibi's ex-husband Khawar Maneka against what he refers to as an un-Islamic and illegal nikah with the former prime minister.
Four witnesses in the case gave the statements, which were later cross-examined during the proceedings, while Khan and Bushra Bibi also recorded their statements under section 342.
Bushra Bibi, who was placed under house arrest at her residence in Banigala following its status declared as a sub-jail, was presented before the court during today's proceedings at Adiala jail. Imran, who remains incarcerated at the facility, and the couple's lawyers were also present at the time of the verdict announcement.
In its 51-page detailed verdict, the court maintained that the record proves that both of the accused, Khan and Bushra, were in relation before the 2018 "fraudulent" nikah.
"[The] PTI founder and Bushra [Bibi] did not deny meeting [during] the sit-in. In their statement, [accused] admitted to having contact, but denied any illicit relationship," the court said while recalling the applicant's allegation regarding Khan's intrusion into his former spouse's private life by way of interactions related to peeri mureedi (spiritual guidance).
The statement of the accused proves that they used to visit each others' houses, the court added while recalling Maneka's statement on oath wherein he had alleged that the PTI founder and the former first lady used to have hours-long meetings during the sit-in.
"The question arises whether they [Khan and Bushra] didn't know if meeting in private is allowed in religion or not?
"Islam emphasises the significance of [meeting] with a mehram or na mehram," the detailed verdict stressed.
On the issue of the nikah solemnised on January 1, 2018, the court termed the marriage as fraud that reflects dishonesty.
"[The] PTI founder and Bushra married illegally on January 1, 2018," the verdict read, adding that the latter's nikah was solemnised before the 90-day iddat period as she was divorced on November 14, 2017.
On the issue of the defence's reliance on the apex court judgment regarding the 39-day iddat period, the court underscored that the apex court's ruling does not mean that every iddat is bound by the said precedent.
Nikah during iddat
Maneka, in his petition, had termed Bushra and Khan's nikkah "fraudulent" contending that the marriage was solemnised during her iddat — following her divorce with him.
"That above said nikah and the marriage ceremony was neither legal nor Islamic as it was solemnised without observing iddah period," read the petition available with Geo.tv.
He also accused the former prime minister of ruining his entire life with the petition stating that the PTI top leader "stigmatised the complainant and his family just to achieve his unethical and immoral objects through intrusion in the complainant's peaceful marital life".
"In light of the above, it is humbly prayed that respondents No.1 [Imran Khan] and 2 [Bushra Bibi] be summoned and punished strictly in accordance with law in the interest of justice," Maneka prayed to the court.