Imran, wife indicted in marriage case

Trial court charge-sheets couple despite the absence of the former first lady

RAWALPINDI:

In a surprising development, a trial court on Tuesday indicted former prime minister Imran Khan and his wife Bushra Bibi in an illegal marriage case despite the absence of the former first lady in the courtroom.  Islamabad Senior Civil Judge East Qudratullah, presiding over the hearing inside Rawalpindi’s famous Adiala Jail, also summoned prosecution witnesses at the next hearing on January 18.

He rejected a request to exempt Bushra from personal appearance at court. The case was filed by Bushra Bibi’s first husband, Khawar Maneka, who accused his ex-wife of tying the knot with the PTI founder without observing the mandatory pause—Iddat—between two marriages. He also alleged that Bushra and Imran had an adulterous relationship before their marriage.

A day earlier, the judge expressed displeasure at the absence of Bushra Bibi and stopped short of issuing her arrest warrants at the request of the couple’s counsels. Interestingly, Bushra Bibi was present in the courtroom along with Imran Khan when the court proceedings started. However, she left the jail premises when the court briefly adjourned due to the absence of her counsel.

When the court resumed after the break, the judge asked the defendants’ counsels Usman Gul and Khalid Yousuf about the whereabouts of the other accused. The counsels informed the judge that Imran’s wife had left for the hospital as she was not feeling well. Visibly incensed, the judge urged the couple’s lawyers to honor their commitment.

Also read: IHC issues notice to Khawar Maneka

He had not issued Bushra Bibi’s arrest warrants on Monday based on her legal team’s assurances. The complainant’s counsel—Rizwan Abbasi—also raised an objection to her departure without informing the court. When the defendant’s counsel Usman Gul offered to present Bushra’s medical certificate, the complainant’s lawyer highlighted that the certificate only listed the pathological tests prescribed by the doctor and did not indicate the disease or its medicines.

The judge rejected her counsel’s request for exemption from Tuesday’s hearing, stating that exemption can only be granted to people who are not present in the courtroom and not to those who show up and then disappear.  Her counsel argued that Bushra Bibi wanted to inform the court about her illness but could not do that as she observes hijab. “Anything can happen to anyone,” he said. The complainant’s lawyer, however, stated that the former first lady could have informed the court through her husband.

The court requested a report from the prison authorities regarding the arrival and departure of Bushra Bibi. The court inquired how she returned without the court's permission; whether she returned on her own or was abducted from the premises. The prison authorities informed the court that Bushra Bibi arrived at the prison at 11:13 am and left at 1:42 pm, coming and going on her own.

The judge ordered the PTI founder to come to the rostrum for the indictment process. The couple’s counsel, Usman Gul, told the judge that they had challenged the trial court’s proceedings in the Islamabad High Court (IHC), which has served a notice to the complainant and is set to take up the case on January 17 (today). He requested the court not to indict the accused until an order of the IHC.

Imran Khan also requested the court to adjourn proceedings, stating that he was appearing before four different courts in a single day. “I know that the prosecution is in a hurry [to get the proceedings concluded]. However, there is no harm in deferring the matter for now,” Imran said, adding that “February 8 elections are still far away.”

Read  IHC issues notice to Khawar Maneka

The judge, however, rejected the request, stating that an attempt was made to “cheat the court.” He started reading the charge-sheet and indicted the accused. Lawyer Usman Gul stated that individual charges cannot be filed in the absence of an accused. “The charges have been filed against two accused, and without the presence of one, the charge-sheet cannot be completed,” he stated.

The PTI founder stated that he is not aware of legal documents and will understand them through his lawyer. “All of this is happening under the London Plan. Khawar Maneka has suddenly remembered the incident after 6 years due to ‘a software update’,” he said. The court later adjourned till tomorrow, January 18.

In most legal systems, the accused has the right to be present during the indictment. Indicting an accused in their absence is generally not the standard practice, as it goes against principles of fairness and the right to a fair trial. The accused being present allows them to hear the charges against them, understand the case, and respond to the allegations.

Cipher and gift cases

The trial of the cipher case also took place in Adiala Jail, with Special Court Judge Abual Hasnat Zulqarnain conducting the proceedings.  Imran Khan and PTI Vice Chairman Shah Mahmood Qureshi were presented in court.

Testimonies of six more witnesses were recorded. The court scheduled further proceedings until January 18.  In the cipher case, statements of 10 witnesses have been recorded so far.

Imran Khan and Bushra Bibi's trial related to the Toshakhana reference also took place in Adiala Jail. Islamabad Accountability Court-I Judge Muhammad Bashir conducted the hearing.  The court recorded the statements of two more witnesses, Mohsin and Irfan Rafiqat. The court was adjourned till today.