The Islamabad District and Sessions Court has rejected the appeals of PTI Founder Imran Khan and his wife Bushra Bibi against their conviction in the iddat nikah case.
District and Sessions Judge Afzal Majoka rejected the appeals for suspension of sentence in a reserved decision he pronounced on Thursday.
After the rejection of their appeals, the sentence of the couple remains in place. The PTI has announced to challenge the decision in the Islamabad High Court instantly.
The judge released a 10-page written order, maintaining that both the accused had no justification for suspension of their sentence. "Bushra Bibi being a woman is not a justification for suspension of sentence and her release on bail," it further stated.
The court decreed that merits could not be discussed during the hearing of applications for suspension of sentence or release on bail. "The sentence awarded to both the accused is neither short-term, nor have they served much of the sentence," it added.
Also Read: What is Imran-Bushra nikah case?
The judgement referred to the Muhammad Riaz vs state case in the Pakistan Criminal Journal wherein it had been stated that bail was a right of the under-trial accused, not of the convicted.
It further said the decision on the main appeal was to be announced in two weeks, so there was no justification for suspension of the sentence. One of the petitioners had even extended partial arguments on the appeal, while the statutory provision of the suspension of sentence could not be equated with the statutory provision of a bail, it added.
The order stated that if the appeals are pending, the suspension of sentence cannot be considered a privilege of the petitioner. "There are several judgements of high courts in this regard which are being mentioned," the written order stated, adding that the bailability of the offense was not accepted by the courts as a justification for suspension of sentence.
The couple had appealed their sentence in the 'un-Islamic' marriage case after Senior Civil Judge Qudratullah had sentenced them to seven years in prison on February 3.
Their nikah, said to have taken place during her iddat after divorce from former husband Khawar Maneka, has also been declared against Shariah. Both accused were also fined Rs500,000 each.
The decision was announced in Adiala Jail, where Imran Khan is currently incarcerated. Senior Civil Judge Qudratullah issued a 50-page judgment in the case. The defendants were found guilty under Section 496 of the PPC.
Also Read: Imran Khan, Bushra Bibi sentenced to 7 years in jail, nikah declared 'un-Islamic'
In case of non-payment of fine, the accused would have to spend an extra four months in jail. The decision was pronounced in the open court in the presence of the accused, who were also provided copies of the decision.
On the order of the court, the copies of the decision were provided to the accused.
On June 25, the judge had reserved his verdict with the hearing on central appeals against the sentence adjourned until July 2.
The decision followed a series of hearings, the most recent of which occurred on June 14, during which Judge Afzal Majoka postponed the hearing to June 21, remarking that he would deliver a decision within 10 days if he remained alive.
The court proceedings saw numerous postponements and legal manoeuvres since the initial hearings.
Also Read: Iddat Nikah case: Verdict reserved on suspension of Imran Khan, Bushra Bibi sentence
On June 13, Judge Majoka noted that the case had faced expressions of no-confidence twice before. This followed a June 7 hearing where appeals for early hearing and suspension of sentence were also postponed.
The case centres around allegations that Imran Khan and Bushra Bibi married during her Iddat period, a waiting period a Muslim woman must observe after the death of her husband or a divorce before she can remarry. This led to Bushra Bibi's ex-husband Khawar Maneka filing a case against the couple in the court of Islamabad Civil Judge Qudrat on November 25, 2023.
