Imran Khan, Bushra Bibi acquitted after court overturns convictions in Iddat case

District and Sessions Court in Islamabad has overturned the conviction of PTI founder Imran Khan and his wife Bushra Bibi in Iddat case, reported 24NewsHD TV channel.

Pronouncing his decision reserved earlier on Saturday, Additional Sessions Judge Muhammad Afzal Majoka aquitted the former prime minister and the former first lady in the Iddat case, setting aside their seven-year each sentences..

The court, in its verdict, remarked that Imran Khan and his wife should be immediately released if they are not wanted in any other case.

After accepting their appeals, the judge ruled: “If they are not wanted in any other case, then PTI founder Imran Khan and Bushra Bibi should be released immediately.”

"Both the petitions seeking the formation of a medical board and consultations with the religious scholars are hereby rejected," the verdict stated.

The court has also issued release orders (robkar) for the incarcerated couple, though Imran Khan remains jailed over allegations of inciting riots.

Imran Khan remains locked up, though, after a court this week cancelled his bail over accusations he incited riots by his supporters in May 2023.

According to the 28-page written verdict, Khawar Maneka, as his lawyer said, was deprived of his right for conciliation, but during cross-examination Maneka himself admitted that he received the Nikah news the very next day but he did not think of filing a complaint six years ago.

The judge declared that Khawar Maneka had failed to prove his allegation that Imran Khan and Bushra Bibi solemnized their Nikah during the Iddat period.

Imran Khan and his spouse were convicted on February 3, days before the general elections, on a complaint filed by Bushra Bibi’s ex-husband, Khawar Fareed Maneka, who alleged that they contracted marriage during the former first lady’s Iddat period. Senior civil judge Qudratullah had awarded the couple seven years in jail and imposed Rs500,000 fine each.

Previously, District and Sessions Judge Shahrukh Arjumand was hearing the case and had reserved the ruling in May, but later he sought transfer of the case citing Maneka’s request for recusal from hearing the appeals. Subsequently, the case was transferred to the court of ADSJ Majoka.

Last month, Judge Majoka had turned down another set of pleas filed by Imran and his wife seeking the suspension of their sentences in Iddat case.

During the court proceedings on Saturday, Maneka’s lawyer Advocate Zahid Asif said Imran’s legal team had mentioned bringing witnesses to the court during the previous proceedings. “If they want to bring witnesses they can, we don’t have any objections,” he stated, adding the court could accept evidence at any point during the case.

Referring to Friday’s hearing in which the judge had observed that Maneka being the follower of the Hanafi sect had lost the right to conciliation with Bushra Bibi, Asif pointed out that nowhere was the Hanafi sect mentioned neither had Mufti Saeed said anything regarding it. He claimed that Imran was putting the entire responsibility of the case on “Bushra Bibi’s shoulders”. “The husband is sidelining his wife’s sacrifices and saying that he is innocent,” the lawyer alleged.

Judge Majoka remarked: “This is not possible … the marriage took place, both are responsible.”

Continuing his arguments, Advocate Asif contended that Bushra Bibi had said Maneka divorced her thrice verbally. “There is no standing of a verbal divorce, the law says that documented evidence weighs more,” he maintained.

The lawyer further stated that neither Imran nor his spouse mentioned in any of their statements that their marriage took place after the completion of the period of Iddat. He said despite being given a chance, they also refused to present witnesses in court.

At one point, Asif also lamented that he wasn’t given ample time to present his arguments in court.

Meanwhile, the judge asked if there was a punishment prescribed for zina in the Holy Quran to which the lawyer replied: “Apart from four witnesses, there is no other punishment mentioned.”

Subsequently, Imran’s counsel Salman Akram Raja began his arguments. Citing the Muslim Family Laws Ordinance 1961, he stated that there was no point in the 90-day argument (Iddat period) because divorce papers were not sent by Maneka.

“Even if we accept their argument, there can be a legal defect but the marriage can’t be called fraud,” Raja said. He also highlighted that Maneka, in his statement, had called Bushra Bibi his ex-wife, adding a photocopy of the divorce papers had already been presented in court.

After Raja wrapped up his arguments, the court reserved the verdict in the case.

Trio of convictions

Imran Khan was slapped with a trio of convictions in the days before February elections -- cases he says were orchestrated to prevent his return to power.

Those cases have now all been at least partially rolled back on appeal, with a treason conviction carrying a decade jail term overturned in April, and a 14-year graft sentence suspended in June, though the conviction still stands.

Khan and his wife Bushra Bibi had also been sentenced to seven years for allegedly marrying too soon after her divorce in a breach of Islamic law.

A spokesman for Khan's Pakistan Tehreek-e-Insaf (PTI) party said the charges had been "dismissed".

Reporter Hashir Warraich