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ISLAMABAD: Khawar Fareed Maneka moved the Islamabad High Court on Friday against the acquittal of former prime minister Imran Khan and Mr Maneka’s ex-wife Bushra Bibi in the Iddat case.
In his appeal, Mr Maneka said the additional district and sessions judge (ADSJ) had acquitted Mr Khan and Bushra Bibi while ignoring key aspects of the case.
On July 13, ADSJ Mohammad Afzal Majoka had acquitted both in the case by setting aside their conviction by a trial court.
In the 28-page verdict, Judge Majoka rejected the allegations of Khawar Maneka that the nikah of Mr Khan and Bushra Bibi was fraudulently performed and that Mr Maneka was deprived of riju (reconciliation rights) as per religious law.
Appeal filed in IHC argues ADSJ ignored key aspects of the case
The court had also rejected the allegation of fornication under Section 496-B of the Pakistan Penal Code (PPC), saying that no charge was framed under this section against both Mr Khan and his spouse “because there was no evidence of second witness”. The only witness who testified before the trial court was Mr Maneka’s domestic servant.
“In these circumstances, it cannot be said that the appellants committed fornication,” the court ruled. As far as the charge of contracting marriage fraudulently during the Iddat period, the judge was of the view that in a video produced as evidence during the trial, Mr Maneka praised his ex-wife, Bushra Bibi, and “deposed that his ex-wife is a pious lady”.
The judge questioned “how this witness [Mr Maneka] can claim that the appellant No. 2 [Bushra Bibi] committed fraud with him”.
The court had ruled: “From a perusal of Section 496 PPC and the above-mentioned esteemed citations, this court is of the view that the appellants have not gone through any marriage ceremony fraudulently or with dishonest intention because none of the parties claimed that nikah was not performed and fraudulently he or she was supposed to believe that marriage ceremony was solemnised.”
The court order added: “In the instant case, it is the case of the complainant that on Jan 1, 2018, the nikah of the appellants was performed, and then the second nikah was performed in February 2018. In this way, by no stretch of imagination, it was a marriage with dishonest or fraudulent intention.”
In response to Mr Maneka’s assertion that he was deprived of reconciliation rights and thus was defrauded by Mr Khan and Bushra Bibi, the court noted that during the cross-examination, Mr Maneka deposed that he came to know the appellants’ marriage on the second day of their nikah.
The judge had questioned why Mr Maneka remained silent about his reconciliation rights for six years before filing the complaint.
The judge had noted that the “complainant has failed to prove his case against the appellants. Accordingly, both the appeals filed by appellant No. 1 [Imran Khan] and No. 2 [Bushra Bibi] are accepted, the judgement of the learned trial court dated Feb 3, 2024, is set aside, and consequently, both the appellants are acquitted of the charge”.
The court had ordered their release unless they were required to be detained in other cases. In his appeal, Mr Maneka requested the IHC to set aside ADSJ’s acquittal order.
Mr Khan and Bushra Bibi were convicted by an Islamabad court in the Iddat case and sentenced to seven years in jail each on Feb 3, five days before the general elections.
Published in Dawn, July 20th, 2024
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