An Islamabad court overturned on Saturday a seven-year prison sentence and Rs500,000 fines imposed on Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and former first lady Bushra Bibi, for contracting marriage far too soon after the latter had secured a divorce from her first husband, Khawar Maneka.
The court of Judge Afzal Majoka read out a short version of the 28-page reserved verdict on appeals filed against their sentence on Saturday. He said that the verdict was being overturned in light of testimony from the medical board and after consulting religious scholars.
On February 3, 2024, Islamabad Civil Judge Qudratullah sentenced Imran Khan and Bushra Bibi to seven years in prison and a Rs500,000 fine each for what he determined was an illegal marriage contract.
Imran and Bushra Bibi married in January 2018. Bushra Bibi's divorce from her former husband, Khawer Maneka, was finalised in November 2017. In 2023, nearly five years after his divorce, Maneka challenged Bushra Bibi's marriage to Imran Khan.
During Saturday's hearing, lawyers from the prosecution and defence continued their arguments. The defence lawyers informed the court they had no objection to the prosecution presenting additional evidence.
Bushra Bibi's lawyer contended that her former husband, Maneka, had verbally divorced her in April 2017 and that the defence counsel was accepting the incident took place. It was further argued that if a woman is stating she was verbally divorced, will her word be accepted?
However, Judge Majoka responded that numerous court judgements have held that documentary evidence takes precedence over any verbal exchange.
It was further argued that Mufti Saeed officiated the nikkah ceremony after Bushra Bibi's sister informed that all matters for the nikkah were complete. For this purpose, Bushra Bibi's sister should be cross-questioned in court as a witness.
Maneka's lawyer contended that if the first nikkah that was officiated was correct, why was there a need for a second nikkah a few weeks later? This implied that the first nikkah was a fraud.
However, Imran Khan's lawyer Salman Akram Raja contended that Maneka had failed to secure a notice for divorce from the relevant union council after his divorce was finalised, does that mean Maneka and Bushra Bibi are still legally married to each other? He added that the failure of the union council's chairman to issue the notice can be a crime but it is not fraud. He further contended that per the law, a notice for divorce is not a requirement.
Judge Majoka said it was the prosecution's duty to prove their case that the iddat period was not complete.
After both sides completed their arguments, the judge reserved his verdict and later read out a short order.