Imran, Bibi want Iddat Nikkah case decided by sessions

IHC removes registrar’s objections, issues notices to Maneka for June 13

ISLAMABAD:

Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi have approached the Islamabad High Court (IHC), requesting it to transfer their appeal against the Iddat Nikkah case verdict back to Islamabad District and Sessions Judge Shahrukh Arjumand.

IHC Justice Miangul Hasan Aurangzeb heard the plea. During the hearing on Tuesday, the judge removed the objection raised by the registrar’s office on the petition and issued notice to the original complainant in the case, Khawar Maneka, for June 13.

On February 3, Imran and Bibi were sentenced in the Iddat Nikkah case. Twenty days later, the appeal against the verdict was filed in the sessions court. Judge Arjumand heard the appeal and was expected to announce his ruling on May 29, when he requested the IHC to send the case to another judge.

Later, the IHC transferred the case to Additional District and Sessions Judge Muhammad Afzal Majuka. Imran and Bibi challenged the transfer of the appeal in the IHC through lawyer Salman Akram Raja. However, the registrar office raised the objection that the appeal was pending before the session court.

During the hearing in the IHC, Justice Miangul Hasan Aurangzeb removed the objection of the registrar's office. Salman Akram Raja requested the court that the appeal should either be sent back to Judge Shahrukh Arjumand or the IHC itself hear it.

Raja said that the appeal in the sessions court was filed on February 23. After three months of hearings, the verdict was reserved, which was not pronounced. On May 29, complainant Maneka came to the court and expressed no confidence in the judge.

Continuing, he said, instead of pronouncing the judgment, the sessions judge sent a report to the IHC chief justice to transfer the case. The chief justice then transferred the case to Additional Sessions Judge Afzal Majoka through an administrative order.

The lawyer argued that after three months of hearings, the case came to an abrupt end, and now it was being heard afresh. The court asked whether it would be appropriate to send the matter back to the judge who had recused himself from the case.

Whether the complainant expressed no confidence in the judge in writing on 29th May, the court asked further. The lawyer replied that no written application was filed on May 29, but earlier in April, Maneka had filed a plea of no trust in the judge and for transfer of the case but it was rejected.

The lawyer added that the rejection order was not challenged in any court. Salman Safdar, the lawyer for Bibi, said that the appeal and suspension of sentence was not being decided in the session court, adding that IHC had the power to order suspension of sentence.

On the other hand, Judge Majoka heard a set the appeals for early hearing of the appeal and the plea for suspension of Bibi's sentence. Maneka, appeared before the judge with the request for changing his legal team.

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He said that his lawyer Rizwan Abbasi was too busy; therefore he wanted another lawyer to pursue his case. He added that he was mulling over engaging a lawyer from Lahore, therefore, he required at least a week’s time to go to Lahore and consult a lawyer. The court granted him a week’s time.

PTI lawyer Sardar Masroof also appeared in the court and informed the judge that the IHC had issued notices for June 13 on the applications for suspension of the sentence, therefore, the hearing should be adjourned. On his request, the court adjourned the hearing till June 13.