ISLAMABAD: Additional District and Sessions Judge (ADSJ) Islamabad Mohammad Azam Khan on Thursday declared the case of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s illegal marriage with Bushra Bibi as admissible.
Furthermore, the court set aside the judgment of the civil court declaring the petition challenging the legality of the marriage inadmissible.
ADSJ has withdrawn the case.
A civil court in Islamabad dismissed as inadmissible a plea that the former prime minister and the former first lady lived together even though their first marriage took place without completing the period of the latter’s mandatory Idda.
Petitioner Muhammad Hanif claimed that Bushra Bibi was divorced by her ex-husband in November 2017 and married Imran Khan on January 1, 2018, despite the fact that her period had not ended, which is It is against Sharia and Muslim principles.
The complainant submitted in the court the statements of Mufti Muhammad Saeed – who conducted the marriage between Imran and Bushra – and Aun Chaudhry – a close friend of Imran – who was one of the witnesses of the marriage.
The civil court noted that the alleged marriage took place in Lahore. “Therefore, the offence, if any, occurred within the jurisdiction of a learned court of competent jurisdiction at Lahore, in which cognizance may be had.”
The civil court judge noted that the complainant should approach the court of competent jurisdiction in Lahore if he is aggrieved by any action of the defendant.
Giving reasons for filing the petition in Islamabad, the petitioner said Khan and Bushra moved to the federal capital soon after their marriage and went into “proper retirement” at Imran’s Bani Gala residence.
Therefore, he said that Islamabad court should hear the case.
However, the court said that it had no jurisdiction to take cognizance of the matter as the marriage took place within the territorial jurisdiction of a competent court in Lahore.
“The instant petition is therefore not maintainable within the territorial jurisdiction of this court.”
The petitioner challenged the judgment of the Civil Court.
The petitioner’s lawyer Raja Rizwan Abbasi argued that according to Section 179, this case can be heard in Lahore and Islamabad as well.
After concluding the arguments, the ADSJ declared the petition admissible and referred the case to the Civil Court for rehearing.
Meanwhile, Islamabad Accountability Court No. 1 Judge Muhammad Basheer also extended the interim bail of the former prime minister and his wife till July 19 in the 190 million pounds Al-Qadir Trust case.
The court also called for final arguments on July 19 on the bail application of Imran and Bushra Bibi.
Deputy Prosecutor General of National Accountability Bureau (NAB) Sardar Muzaffar appeared in the court in the case.
Khan’s lawyer filed a motion for immunity from the appearance on Thursday, which was later granted.
Khawaja Haris told the court that there are many cases related to May 9 due to which it is necessary to appear in Lahore.
The learned judge asked the lawyer to also submit the application for exemption from attendance to NAB.
The lawyer said that the next hearing is on July 19 and arguments can be presented on that date. He further said that the bail case of Bushra Bibi is also pending.
The learned judge remarked that the bail cases of both husband and wife can be decided on the same date.
After which the accountability court adjourned the hearing of the case till July 19. In the Toshakhana case, the interim bail was also extended till July 19.
Meanwhile, a local court in Islamabad on Thursday once again granted Khan’s immunity plea in the Toshakhana case and adjourned the case till July 17, 2023.
“Where is the accused?” During the hearing, Additional District and Sessions Judge Humayun Dilawar inquired.
Earlier on Wednesday, a local court expressed displeasure over Imran Khan’s continued absence in Toshakhana hearings, saying that the accused appeared in the court only once in a period of 7 months.
Last week, the same court declared the case of Election Commission of Pakistan (ECP) against the PTI chairman admissible. The court also ordered Khan to appear in person on Thursday, but he remained absent.
Meanwhile, the Anti-Terrorism Court (ATC) on Thursday issued a bailable arrest warrant for Khan in the Judicial Complex riots case.
Judge Abul Hasnat Zulqarnain also issued arrest warrants for PTI leaders Farrukh Habib, Shibli Faraz and Hasan Niazi in connection with two cases registered in Ramna police station and one in Golra police station.
During the hearing, Imran’s lawyers Sardar Masroof, Atiqur Rehman and Mirza Asim requested exemption from attendance in both the cases registered in Ramna police station, on which the judge remarked that the former prime minister will have to appear in court.
The judge then summoned Khan and the other accused in person on July 19.
Earlier this year, violent clashes broke out between activists belonging to the PTI chief’s convoy and the police after it reached the judicial complex ahead of an appearance in the district and sessions court in the Toshakhana case.
According to a report, 47 officers and personnel of the Islamabad Police were injured during the riots and 34 of them were brought to the Pakistan Institute of Medical Sciences (PIMS).
Apart from this, three injured FC personnel were also brought to Pims. SSP Operations Malik Jameel is also among the injured policemen. Jameel was injured due to severe stone pelting by PTI workers.
SSP (Operations) was also transferred to Pims. The report said that party workers also damaged vehicles and government property.
Meanwhile, Khan on Thursday skipped his appearance at the National Accountability Bureau (NAB), Rawalpindi, in the £190 million National Crime Agency (NCA) UK settlement case and sought a new date for his appearance.
According to sources, Khan submitted a written request for a new date for his appearance and said that he will appear in Islamabad courts on July 19 and may also appear before NAB on the same day.
In the July 13 call-up notice, Khan was asked to come up with details of his assets in the country and abroad.
