Imran Khan and Bushra Bibi are appealing against a court judgment that found them guilty of an ‘un-Islamic’ marriage.
The appeal, filed on Friday, challenges the decision made on February 2 by Civil Judge Qudratullah, who declared the couple’s nikah unlawful as it occurred during Bushra Bibi’s iddat after her divorce from Khawar Maneka.
The sessions court is set to review the appeal, and Bushra Bibi’s legal team strongly criticizes the verdict, claiming it goes against the facts. The appeal highlights key points, including the dismissal of a plea questioning the court’s jurisdiction without proper explanation, and the civil court’s alleged failure to conduct a fair trial. It argues that the trial court misinterpreted the rules of reference while neglecting Sharia law on divorce, which is crucial in this case.
The appeal also questions the timing of the complaint filed by Khawar Maneka, noting a similar application was previously submitted by another complainant. The legal team raises concerns about the late filing of the complaint, suggesting it casts doubt on its authenticity. They also point out discrepancies in the statements of Maneka and other witnesses, further questioning the credibility of the claims.
A central argument in the appeal revolves around the lack of substantial evidence provided by Mufti Saeed, supporting the alleged second nikah between Bushra Bibi and Imran Khan. This absence of proof is highlighted as a critical point in Bushra Bibi’s defense.
The legal representatives criticize the trial court judge for using a “wrong judicial mind” in delivering the verdict and call for the decision to be set aside, claiming justice has not been served.
The appeal adds another layer of complexity to the ongoing legal battle involving Bushra Bibi. As the case progresses, attention remains on the District and Sessions Courts in Islamabad to see how the appeals will be handled.
In a previous ruling on February 3, Senior Civil Judge Qudratullah sentenced Imran Khan and Bushra Bibi to seven years in prison each, along with fines of Rs500,000 each. The verdict was pronounced in Adiala Jail, where Imran Khan is serving a sentence in Toshakhana and cipher cases.