- ADSJ remanded case back to civil court.
- Civil court said case beyond its jurisdiction.
- Khan skips hearings in several cases.
ISLAMABAD: Additional District and Sessions Judge (ADSJ) Islamabad Muhammad Azam Khan Thursday declared admissible the illegal marriage case of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan with Bushra Bibi during the latter’s Iddat, The News reported.
Furthermore, the court dismissed the civil court’s verdict declaring a petition challenging the legality of the marriage inadmissible.
The ADSJ has remanded back the case.
A civil court in Islamabad declared as inadmissible a petition that contended that the former premier and former first lady cohabited even though their first nikah had taken place without the completion of the latter’s mandatory Iddat period.
The petitioner, Muhammad Hanif, claimed that Bushra Bibi was divorced by her former husband in November 2017 and married Imran Khan on January 1, 2018, despite the fact that her Iddat period had not ended, “which is against the Sharia and Muslim norms.”
The complainant submitted in the court the statements of Mufti Muhammad Saeed — who conducted the marriage between Imran and Bushra, and Awn Chaudhry — Imran’s close friend — one of the witnesses at the wedding.
The civil court noted that the alleged nikah was solemnised in Lahore. “Therefore, the offense, if any, was committed, took place within the jurisdiction of the learned court of competent jurisdiction in Lahore, which could have the cognizance thereof.”
The civil court judge noted that the complainant if aggrieved by any act of the respondents, should approach the court of competent jurisdiction in Lahore.
Describing the reasons for filing the petition in Islamabad, the petitioner said Khan and Bushra moved to the federal capital soon after their nikah and went into “valid retirement” at Imran’s Banigala residence.
Therefore, he said, a court in Islamabad should hear the case.
The court, however, said it lacked jurisdiction to take cognisance of the matter as the nikah was solemnised in the territorial jurisdiction of a competent court in Lahore.
“Hence the instant petition is not preceed-able within the territorial jurisdiction of this court.”
The petitioner challenged the decision of the civil court.
Raja Rizwan Abbasi, the petitioner’s lawyer, argued that according to Section 179, this case could also be heard in Lahore and Islamabad.
The ADSJ, after completion of arguments, has declared admissible the petition and returned this case to the civil court for hearing.
Meanwhile, the Accountability Court No 1 Islamabad Judge Muhammad Bashir yesterday also extended till July 19 the interim bail of the former PM and his wife in the 190 million pounds Al-Qadir Trust case.
The court also sought final arguments on the bail applications of both Imran and Bushra Bibi on July 19.
National Accountability Bureau (NAB) Deputy Prosecutor General Sardar Muzaffar appeared in the court in the case.
Khan’s counsel filed a request for an exemption from appearing on Thursday, which was later granted.
There are many cases regarding May 9 due to which appearance is required in Lahore, Khawaja Haris told the court.
The judge told the lawyer to submit the request for an exemption from appearance with the NAB also.
The lawyer said the next hearing was on July 19 and the presentation of arguments could be fixed for that date. He added that Bushra Bibi’s bail case is also pending.
The judge remarked that the bail cases of both the husband and wife could be fixed on the same date.
The accountability court then adjourned the hearing of the case till July 19. Interim bail in the Toshakhana case was also extended till July 19.
Meanwhile, a local court in Islamabad, once again, accepted Khan’s exemption plea in the Toshakhana case on Thursday and adjourned the hearing till July 17, 2023.
“Where is the accused?” Additional District and Sessions Judge Humayun Dilawar asked during the hearing.
Earlier, a local court on Wednesday expressed anger over Imran Khan’s frequent absences in the Toshakhana hearings, noting that the accused had only appeared before the court once during the 7-month period.
Last week, the same court ruled that the Election Commission of Pakistan’s (ECP) case against the PTI chairman was maintainable. The court also ordered Khan to appear in person on Thursday, but he remained absent.
Meanwhile, the Anti-Terrorism Court (ATC) Thursday issued a bailable arrest warrant for Khan in the Judicial Complex riots case.
Judge Abul Hasnat Zulqarnain also issued arrest warrants for the PTI leaders Farrukh Habib, Shibli Faraz and Hassan Niazi in connection with two cases registered by the Ramna police station and one by the Golra police station.
During the hearing, Imran’s counsel, Sardar Masroof, Attique-ur-Rehman and Mirza Asim requested an exemption from attendance in both the cases registered by the Ramna police station, on which the judge remarked that the former premier would have to appear in the court.
The judge then summoned Khan and other accused in a personal capacity on July 19.
Earlier this year, intense clashes had broken out between the police and the activists belonging to the PTI chief’s convoy after they reached the Judicial Complex ahead of his appearance before the district and sessions court in the Toshakhana case.
According to the contents of a report, 47 officers and officials of the Islamabad Police were injured during the riots and 34 of them were brought to the Pakistan Institute of Medical Sciences (PIMS).
In addition, three injured FC personnel were also brought to the PIMS. SSP Operations Malik Jamil was also among the injured police officers. Jamil was injured due to severe stone pelting by the PTI workers.
The SSP (Operations) was also shifted to PIMS. The report stated that party workers had also damaged vehicles and government properties.
Meanwhile, Khan on Thursday skipped his appearance before the National Accountability Bureau (NAB), Rawalpindi, in the £190 million National Crime Agency (NCA) UK settlement case and sought a fresh date for his appearance.
According to sources, Khan submitted a written request for a fresh date for his appearance and said he would appear in Islamabad courts on July 19 and might also appear before the NAB on the same day.
In the call-up notice for July 13, Khan had been asked to bring details of his assets in the country and abroad.
