Imran acquitted in last case but won't walk free

RAWALPINDI/ISLAMABAD:

A court on Saturday overturned the unprecedented conviction of former prime minister Imran Khan and his third wife Bushra Bibi in an unlawful marriage case, yet the embattled couple will not walk free as the national graft-buster arrested them in a corruption case hours after the court ordered their release.

The judgment by the Islamabad District and Session Court came a day after Khan’s Pakistan Tehreek-e-Insaf (PTI) was resurrected by the Supreme Court as a parliamentary party when the 13-judge full bench declared that the beleaguered party was eligible to receive reserved seats in the federal and provincial assemblies.

Khan and Bushra were sentenced to seven years in jail in February when a court found them guilty of violating Shariah law by marrying during Iddat, the mandatory interval between the divorce from a previous marriage and a new nuptial knot. The couple had filed an appeal with Additional District and Sessions Judge Afzal Majoka against their convictions.

“Both the appellants are acquitted of the charges,” said the court order on Saturday. “They are directed to be released forthwith if not required to be detained in any other case,” the order stated while ruling that the prosecution failed to prove its case against the couple.

The acquittal cleared the last existing legal case keeping Khan in jail since August last year. However, barely an hour after his acquittal, the National Accountability Bureau (NAB) arrested them in a new Toshakhana corruption case. NAB Deputy Director Mohsin Haroon confirmed that Khan and Bushra were arrested in a separate matter related to “misuse of power for acquiring Toshakhana gifts”.

Meanwhile, PTI founder Imran Khan filed a bail application for a new reference filed by the National Accountability Bureau (NAB) related to Toshakhana gifts on Saturday. However, the application was dismissed by an anti-terrorism court. Islamabad accountability court judge Muhammad Ali Warraich issued a notice to NAB, scheduling the bail application hearing for July 15.

Iddat case verdict

In the 28-page verdict, while referring to Bushra Bibi’s ex-husband, Khawar Fareed Maneka’s lawyer’s argument that his client was deprived of the right of Ruju — time period to normalise the relationship within the duration of iddat after divorce — the court highlighted that Maneka “remained passive for about six years” and due to that his Ruju right had in fact already expired.

“Both the appellants contracted second marriage as per statement of complainant party after Iddat, therefore, this marriage has become a valid marriage. Similarly, under Sunni law, an unlawful conjunction by way of marriage during Iddat period renders the marriage irregular and not void and an irregular marriage becomes regular the moment the bottleneck is removed, i.e., Iddat period expires,” reads the verdict.

It further states: “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 claim that Nikah was not performed and fraudulently he or she was supposed to believe that marriage ceremony was solemnised. In the instant case, it is a case of the complainant that on Jan 1, 2018, Nikah of the appellants was performed and then a second Nikah was performed in February 2018. In this way, by no stretch of imagination, it was a marriage with dishonest or fraudulent intention.”

Stressing Maneka’s failure to prove his case against both Imran and Bushra, the court said: “They [Khan and Bushra] are directed to be released forthwith if not required to be detained in any other case.” “Both the petitions seeking the formation of a medical board and consultations with the religious scholars are hereby rejected,” the verdict stated.

The couple was convicted in the Iddat case on February 3 — days before the general elections — on a complaint filed by Maneka who alleged that they contracted marriage during the former first lady’s Iddat period. Senior civil judge Qudratullah had sentenced the ex-premier and his spouse to seven years in jail and imposed a Rs500,000 fine each. The verdict had coincided with the Toshakhana and cipher case sentences.

Previously, District and Sessions Judge Shahrukh Arjumand was hearing the case and had reserved the verdict in May. However, on the day of its expected announcement, he sought a transfer of the case, citing Maneka’s request for recusal from hearing the appeals. Subsequently, the case was transferred to the court of Majoka.

PTI lawyers, leaders and supporters celebrated outside the court following the verdict.

PTI Chairman Gohar Ali Khan welcomed the verdict and said it was a victory for the independent judiciary. “All these cases were fake and he will also get justice in all other cases,” he said, demanding that Imran Khan should be freed as it was the last case in which he was convicted.

Meanwhile, the PTI has warned that keeping its founder in jail despite Saturday’s decision will deepen the country’s political crisis

The party in a statement said that Khan has been arrested in three more cases. “Khan has been arrested in three more cases,” the PTI said, adding: “An Anti-Terrorism Court (ATC) Lahore approved the request to arrest Imran Khan in the May 9 case, and decided to interrogate him in three May 9 cases in prison.” The party called the latest arrest of Khan a gimmick.

“Yet another gimmick to prolong the illegal imprisonment, while ATCs Islamabad, Faisalabad, etc., have already approved his bail in May 9 cases. ATC Lahore decides to bow to the power hub instead of serving justice,” it said.

The party also said that it was imperative to mention that his charges in the May 9 cases are primarily based on assumptions and testimony by police officers who claimed to have been a part of meetings he allegedly planned inciting violence across the county following his arrest in an alleged corruption case.

(With input from our correspondent in Lahore)