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IHC stops trial court from testifying witnesses in Imran-Bushra nikah case

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  • HC has adjourned the case till January 25.
  • Nikah took place 48 days after divorce, says Raja.
  • He says Supreme Court verdict available regarding iddat.

ISLAMABAD: The Islamabad High Court (IHC) on Friday stopped the trial court from recording statements of witnesses in the case against Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi’s solemnising nikah in an unIslamic way, Geo News reported.

The directives were issued by IHC Chief Justice Aamer Farooq during today’s hearing of the case.

Imran, who was removed from prime minister’s office in April 2022, and his wife have denied all charges in the case registered by Bushra’s former husband, Khawar Maneka, in November 2023.

At the hearing’s outset, Imran and Bushra’s counsel Barrister Salman Akram Raja apprised the court that the entire district judiciary was present in Adiala Jail to record statements of witnesses.

The IHC chief justice then directed him to provide details of the case as he would stop the trial court from recording the witnesses’ statements. 

Even if the witnesses’ statements were accepted, the nikah took place 48 days after the divorce, Raja said.

The court inquired what was the duration of iddat (the intervening period before the next marriage). The barrister replied usually it was 90 days but Islamic jurisprudent and noted scholar Mufti Taqi Usmani had given a clarification in the said period.

He also said a Supreme Court verdict was available regarding iddat

CJ Farooq said let’s suppose the SC ruling was not available then what was he challenging in the petition. The counsel replied he had challenged the summon issued to Imran and Bushra in the case.

The chief justice said as per the law, if nikah was solemnised during iddat then it was regularised later. He wondered what the crime was even if the nikah was not formal.

The high court issued a notice to Bushra’s ex-husband, Khawar Maneka, and adjourned the case till January 25.

On January 15, a local court had indicted Imran and his wife in the case of solemnising their marriage against Islamic laws.

Senior Civil Judge Qudratullah had read out the charges in the court set up in Rawalpindi’s Adiala Jail. 

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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