Weeks after a trial court handed over a seven-year prison sentence and fine to Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi in the “un-Islamic” nikah case, the couple have separately approached the district and sessions court challenging the verdict on Wednesday.
The appeals, filed against the verdict by Khan and his wife, will be marked by the sessions court today.
A trial court in Islamabad, in its February 3 verdict, sentenced the couple to seven years in prison with a Rs500,000 fine, each.
In her petition, filed through her lawyers Usman Gill, Khalid Yusuf, and Salman Safdar Bushra Bibi has sought annulment of the decision.
The PTI founder’s wife’s petition stated that the judgment delivered by civil judge Qudratullah on February 3 was against the facts, while the indictment issued against Bushra on January 16 was also illegal.
It added that the plea of jurisdiction was rejected without assigning any reason and that the civil court did not conduct the trial properly.
“Bushra Bibi reserves the right to request discharge from the case,” it stated.
The petition further mentioned that the complainant and Bushra Bibi’s former husband, Khawar Maneka, filed his complaint six years after she got married to Khan, while a similar application was earlier filed by another complainant.
“The trial court observed the rules of recourse, disregarding the Shari’a on divorce,” the plea read.
It added that the statements of complainant Khawar Maneka and witnesses kept changing, while Mufti Saeed could not prove his claim of a second nikah between Bushra and Khan.
The delayed filing of the complaint raises doubts, while the civil judge also misused his judicial mind, the petition mentioned.
Imran Khan, Bushra Bibi convicted
Earlier this month, just a day ahead of the February 8 general elections, a trial court handed seven-year sentences, each, to Khan and his wife in the “un-Islamic nikah” case at the Adiala jail.
The couple was also fined Rs500,000 each for the failure to pay provisions additional four months of incarceration.
The verdict was pronounced by senior civil judge Qudratullah, a day after the hearing of the case was conducted inside the jail premises for 14 hours.
The judge issued the court’s verdict in the case on the plea filed by Bushra Bibi’s ex-husband Khawar Maneka against what he referred to as an “un-Islamic and illegal nikah” with the former prime minister.
Four witnesses in the case gave their 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 for the proceedings, while her husband Imran, who remains incarcerated at the facility, was also present in the courtroom, alongside their respective lawyers when the verdict was announced.
Nikah during iddat
Maneka, in his petition, had termed Bushra and Khan’s nikkah “fraudulent” contending that the marriage was solemnized during her iddat following her divorce from him.
“That above said nikah and the marriage ceremony was neither legal nor Islamic as it was solemnized without observing the iddah period,” read the petition.
He also accused the former prime minister of ruining his entire life with the petition stating that the PTI top leader “stigmatized 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 per law in the interest of justice,” Maneka prayed to the court.