Making it clear that no additional time will be granted beyond this date, Additional Sessions Judge Afzal Majoka said that even if no party appears, the court will pass a decision based on the record available.
Presiding over the hearing, the judge heard applications filed by the couple for for the suspension of their sentences in Iddat case.
The PTI founder was represented by Advocate Salman Akram Raja while Usman Riaz Gill represented Bushra Bibi. Zahid Asif Chaudhry submitted a letter of representation on behalf of Khawar Maneka.
At the very outset, Khawar Manika’s lawyer requested that the hearing be adjourned without proceeding, to which Judge Afzal Majoka refused saying that the hearing of this case cannot be adjourned. He said that the appeals are to be heard on June 25 and the mandatory arguments have to be finalized by then. The judge directed Khawar Manika’s lawyer to contact his client and ask for a power of attorney on WhatsApp.
Salman Akram Raja said that he would argue the appeals today and also Usman Gul said that he was ready to fully support the court. He further said that he had to go to Adiala Jail, so would advance arguments on Monday. Reacting to this, the judge said that the hearing is not possible on Monday, so he will hold the hearing on Tuesday.
Salman Akram said in his arguments that the court should follow the decisions of the Supreme Court. He said that the situation has changed after the constitutional amendment of 1985. The judgment given under the jurisdiction of the Shariat Court is the final authority and no reference can be made to the judgments prior to the establishment of the Shariat Court, he said.
He said that in Islam one should not look into the personal life of a woman and in Islam the woman’s statement is considered final. “If 39 days of Idda pass, no more will be seen after that. The High Court put all the blame on the complainant who did not take the woman’s statement. The court had dismissed the complaint after 39 days of Iddat had passed,” he argued.
Judge Afzal Majoka said that the decision of the Supreme Court cannot be invalidated by the Sessions Court. Salman Akram Raja further said that the word ‘Iddah’ was not used in the Muslim Family Law. “Ninety days should pass after the notice of divorce is sent to the Chairman Union Council. In this case, both parties are admitting that the divorce was done anyway. The concept of Iddat is mentioned in Shariah and after the Shariah Law, the Supreme Court made judgments based on Shariah,” he said.
After arguments, the Judge said that the appeal has to be decided before June 27, and adjourned the hearing till June 25.
During the hearing of this case, the remarks of the judge and the arguments of the lawyers made the hearing interesting and thoughtful. Now it is to be seen what the court decides in the coming days and what is the outcome of this case.
The applications request the suspension of the sentences awarded to PTI founder Imran Khan and his wife Bushra Bibi in the case.
Earlier, the IHC ordered the sessions court to make a decision in 10 days on the appeals. IHC Justice Miangul Hassan Aurangzeb also ordered the sessions court to decide on their pleas against their convictions in the case within one month.
On February 3, the couple was convicted by a trial court for contracting marriage during Bushra Bibi’s Iddat period. They were sentenced to seven years in jail with a fine of Rs500,000 each.
The appellants challenged the conviction before district and sessions judge Shahrukh Arjumand, who recused himself at a time when the hearing had been concluded and the court was supposed to announce the verdict.
