2024-07-10 11:57:15
(24News) The District and Sessions Court of Islamabad adjourned the hearing on the central appeals against the sentence of former Prime Minister Imran Khan and his wife Bushra Bibi in the Iddat Nikah case till tomorrow.
The appeals were heard by Additional Sessions Judge Afzal Majuka, PTI’s assistant counsel Murtaza Tori appeared in the court.
At the beginning of the hearing, Assistant Advocate PTI said that Barrister Salman Safdar is on his way, will reach the court in 20 minutes, so the court adjourned the hearing until Salman Safdar arrives.
Later, the court adjourned the hearing until Salman Safdar arrived. After the break, PTI lawyer Barrister Salman Safdar, Khadija Siddiqui, Khalid Yousuf Chaudhry appeared in the court, Khawar Manika’s lawyer Zahid Asif Advocate Assistant counsel also appeared in the court.
On behalf of Bushra Bibi, lawyer Khadija Siddiqui, while starting the arguments, said that the word Idda was not found anywhere in the Penal Code, the ex-husband cannot tell in any case when the three cycles of Idda and the woman’s menstrual cycle were completed. The ex-husband also filed the complaint after 2000 days, there have been many cases regarding Iddat marriage but this can be said to be the first case which became more famous.
Khadija Siddiqui Advocate said that the crime is committed when it is proved that the marriage took place during the Iddat, verbal divorce was given in April 2017, Bushra Bibi went to her mother’s house after her Iddat, it is not a big deal to make a divorce certificate in the back date. , there is no issue of pregnancy in this case, Judge Afzal Majuka remarked that you are citing both Islamic and our law, not stopping at one.
On this, the lawyer said that the husband and wife are saying that we are married but the court is saying that it is not. There are very clear laws regarding falsehood.
Referring to various court decisions, he said that in fraud, one of the spouses has to be punished, fraud is always between two, but it is not mentioned here with whom the fraud happened? A marriage done with the intention of cheating can be called fraud but in this case both the husband and wife have married according to Islamic principles, with this the arguments of Khadija Siddiqui Advocate were completed.
Later, barrister Salman Safdar appeared on the rostrum on behalf of Bushra Bibi, upon which the judge remarked that it was a case of full 40-minute arguments.
The lawyer started his arguments by saying that the prosecution in this case is completely based on lies. Lawyer Salman Safdar further said that looking at this, the statement of Khawaja Asif comes to my mind but he will not speak, I judge. I don’t think it is necessary to mention because you know all the decisions.
Barrister Salman Safdar said that the trial was completed within 2-3 days. This case was meant for family courts but they did not go there. Judge Afzal Majuka said that the man has the right to appeal and whether to appeal or not It is the woman’s will, the lawyer said that yesterday also said that this case was made as a result of political revenge, leaving out the mention of the period of Idda, can be acquitted in this case, a stranger complainant. It happens and then it disappears, then after six years the husband comes and becomes a complainant, this alone is enough to end the case. May be, they said that if one of the 2 charges is over, then half the case is over, when we are being asked to account for one day, they should also be asked that they did not give a time frame.
Lawyer Salman Safdar said that the daughters of Bushra Bibi and Khawar Maneka are married and none of them came against, their attempt to call the Council of Islamic Ideology is now confirmed by Khawar Maneka in her statement. That the date on the divorce certificate has been tampered with, the whole case ends after this statement, the court did not pay attention to it, but the witness accepted that overwriting has been done, he said, how can the case of tampering be done? Can be made? There used to be a case against them, the fraud was proved that the husband and wife did not cheat anyone but the plaintiff cheated the court, now let the court see whether he will be punished or not. In you have explained the reasons why Bushra Bibi cheated? Khavar Manika’s answer to this was no.
Lawyer Salman Safdar continued his speech and said that according to the tampered document, 48 days are considered for divorce, on the other hand, the original document was not presented. Khawar Manika was arrested on September 25 and returned on November 14. He has confirmed during cross-examination that Khawar Manika is not an independent and independent witness. Let the court not rely on my statement, Azam Khan was also produced as a witness in the cipher case without changing the status of the accused.
He said that this is a criminal case, in this criminal case even a little doubt goes in favor of the accused, no child has come among the witnesses but Aoun Chaudhry has come, Aoun Chaudhry has been made a witness under the plan.
The court adjourned the hearing of the case for half an hour, after the resumption of the hearing, lawyer Salman Safdar said that I will not go to the rest of the witnesses, my eyes do not go beyond the complainant, Khawar Manika’s explanation is acceptable. No, people talked, so I filed a case, the court should reject it, Khawar Manika said it is true that the document I gave is a photocopy, Khawar Manika said in his statement that he should also bring the DG. are
They said that trial fitafit and now delaying tactics are being used, then Fazal friends used to say at 6, 7 o’clock that this is not the way, work, so still work or not.
Salman Safdar said that the divorce certificate is a photocopy and the signature of the chairman of the union council is not there on it, Aoon Chaudhry is a political opponent, he said that our differences were due to the Chinese crisis, a witness who is a political rival. Is the testimony of such a witness admissible?
The lawyer further said that even when one of the spouses is killed, it is asked whether the statement of the children has been taken or not, so in family cases, the family members are made witnesses, whatever vehicle Mufti Saeed gets. Whether it was Hanif or Khawar Manika who sat in them, the case of sedition was tried against him and he confirmed it.
Lawyer Salman Safdar said that prayer is done only when the family consents, PTI founder told 342 in his statement that he had two sons, they had to be trusted, Spur Judge Afzal Majuka questioned the lawyer. That in the statements of 342 only to consider the answer to the questions or to look at the political answers as well?
Later, there was an exchange of references between Judge Afzal Majuka and Barrister Salman Safdar regarding the statement of 342, the lawyer said that in the statement of 342, what is the importance of the statement of the woman during the period of Idah?
On this occasion, Barrister Salman Safdar read out the transcript of Mufti Saeed’s video statement regarding the period of Eid, the lawyer argued that marriage, divorce takes place in Lahore and the appeal was filed here in Islamabad, the judge inquired that According to the Muslim Family Law, divorce cannot be done apart from a written divorce. Salman Safdar said that it can be done.
On this occasion, Barrister Salman Safdar requested to call Zainab Umeer Advocate to the rostrum, which was accepted by the court.
Later, Zainab Umeer Advocate read out Bushra Bibi’s statement of 342, on this the court asked Khawar Manika’s lawyers for a response regarding the tampering of the date on the divorce certificate.
Judge Afzal Majuka instructed Zahid Asif’s assistant counsel that in his arguments, he has to answer why the statements of the witnesses were not given to the accused. If you have not presented the testimony in the case, how will it be read? This too has to be answered.
The judge asked Salman Safdar that why did you not challenge the personal things Khawar Manika told? They were talking about the personal life of the husband and wife?
Later, Zainab Umeer Advocate told the court that in this situation we cannot go for Idda, Idda can be done at the time that if the woman has any child then the ex-husband can claim that he is mine. According to the judgment, 39 days period of Idda has been given medically.
He further said that this marriage was not performed during Eid, there has never been such a case in the whole of Pakistan, if it is seen from the Shariah point of view, lawyer Salman Safdar said that the second marriage of women has already become difficult in our society. It has happened, this case has now become a case of the whole society.
Later, barrister Salman Safdar, referring to various court decisions regarding overwriting, said that his case is running on a document and history.
Barrister Salman Safdar also referred to the decisions of Indian courts regarding fraudulent marriage, he said that Khawar Manika did not approach the civil court for 2000 days, the judge asked the lawyer of Khawar Manika that he says If the marriage took place during the Eid, why did Khawar Manika not apply during the Eid?
Bushra Bibi’s lawyer added that a sentence was said in the Supreme Court and is still being said today that this case is also a case of abduction for statement, appeal after 2000 days, tampering with the date on the divorce certificate and arrest of Khawar Manika. Well, that’s my point.
With this, the arguments of Bushra Bibi’s lawyer, Barrister Salman Safdar, were completed.
Later, the court adjourned the hearing of the case till 9:30 pm tomorrow.
After that, Khawar Manika’s lawyer Zahid Asif filed 2 petitions in the court of Judge Afzal Majuka, one petition seeking medical opinion by the Medical Board and the other petition on the issue of Idah by the Islamic Ideological Council, Federal Shariat Court and Islamic Scholars. Judge Afzal Majuka issued notices to the parties on the requests of Khawar Manika’s counsel.
It should be noted that on July 9, the District and Sessions Court of Islamabad adjourned the hearing on the central appeals against the sentence of former Prime Minister Imran Khan and his wife Bushra Bibi till tomorrow.
Yesterday, the Islamabad High Court dismissed the review petition of former Prime Minister Imran Khan and his wife Bushra Bibi on the order to decide the central appeals within a month in the Iddat case.
2024-07-10 11:57:15