PTI not to contest Iddat ruling in IHC — for now

Instead of approaching the Islamabad High Court, the Pakistan Tehreek-i-Insaf’s (PTI) legal team has decided to contest the main appeal against the Iddat case judgement.

A member of PTI legal team stated that whatever the outcome, the legal team will argue the main appeal before the same Additional district and sessions judge (ADSJ) Afzal Majoka who rejected the bail petition.

He said that the team was aware that the PTI founder’s conviction in the Iddat case would be set aside by the Islamabad High Court in the case. “That’s why we want early decision by the additional and sessions judge.”

He expected that Judge Majoka will decide the main appeal until July 10. The Iddat case is the last case keeping Imran Khan and his wife behind the bar.

The judgement was not defended by the government officials as well. A PML-N leader said that awarding conviction in the case affected the election results that ultimately gave political advantage to the PTI.

Advocate Hafiz Ahsaan Ahmad Khokhar stated that the judgement of the sessions judge on the suspension of sentence in the Iddat case is not contrary to Section 426 of the Criminal Procedure Code (CrPC) as the case of the accused does not in any category of structured discretion prescribed for a judge under the said provision, and more importantly, the main appeal has already been fixed by the court for hearing on July 2 on the directions of the Islamabad high court that the subject matter to be decided by the appellate court in one month.

He also explained that the court generally does not grant suspension of sentence to an accused when the main appeal against the conviction has been fixed and the due date will be in very near future as in the present case.

According to him, first there will be zero chance that it will be fixed or decided before the main appeal date, and second, there will be no chance of a legal success when the hearing of the main appeal will be commenced by the appellate court in view of the IHC order.

Hafiz Ahsaan further elaborated that there is also no such precedent, and traditionally, criminal courts do not allow suspension of sentence when the main appeal has been fixed for final hearing, and in such a situation, the legal strategy by the defence side seems to be not good as per law and judgements on the subject.

According to him, the present judgement though would not affect the final hearing as it is tentative in nature but this has exposed how the cases are being pursued when there are clear provisions of CrPC available on the suspension of sentence under 1898 CrPC.

Political analysts believe that Imran Khan’s release will possible only after a deal with the powerful circles. Although the PTI, including Imran Khan is getting relief from a large section of judiciary after the general elections, there is less chance that his miseries will end until an understanding is reached with the security establishment.

Likewise, the relationship between the PTI and Chief Justice of Pakistan Qazi Faez Isa is also tense. A political analyst believes that if the PTI wants to oust the present government through an in-house change, then it has to talk to the PPP. “And the party wants to send the government through the street power, then it should talk to Maulana Fazlur Rehman.