Imran, Bushra get seven-year jail sentence for unlawful marriage

ISLAMABAD: A local court on Saturday sentenced former prime minister Imran Khan and his wife Bushra Bibi to seven years each in jail in a case related to their marriage during the latter’s ‘Iddat’ period. Both accused have also been fined Rs500,000 each.

The decision was announced in Adiala Jail, Rawalpindi.

This is the third sentencing for the Pakistan Tehreek-e-Insaf (PTI) founder chairman over the last five days. The former premier was earlier this week sentenced to 10-year imprisonment in the cipher case, and 14-year imprisonment in the Toshakhana case.

The verdict in the ‘un-Islamic’ marriage case was reserved by Senior Civil Judge, Islamabad, Qudratullah on Friday night after a 14-hour lengthy hearing.

The court announced the decision on the complaint filed by Bushra’s former husband Khawar Fareed Maneka in a makeshift court on the jail premises.

According to the written order, Imran and Bushra were found guilty under Pakistan Penal Code (PPC) Section 496 (marriage ceremony fraudulently gone through without lawful marriage).

According to legal precedence, Section 496 is considered an offence completely distinct from ‘Zina’, an offence that ensues from not having a contracted marriage.

The order further said that the two would be imprisoned for a further four months if they failed to pay the fines.

The verdict came in the same week Imran and Bushra were sentenced to 14-years each in the Toshakhana case. Imran and fellow PTI leader Shah Mehmood Qureshi also received a 10-year sentence in the cipher case this week.

As per Pakistan’s superior courts, formalising nikah during Iddat does not entail annulment of marriage as that requires a separate declaration; it will be treated as irregular but not void, in terms of legal fiction. Imran and Bushra Bibi can appeal the verdict in the high court something that the PTI said was already planning to do.

The charges against the couple were framed by Judge Qudratullah on Maneka’s complaint filed under PPC Sections 34 (common intention), 496 and 496-B (fornication). However, the 496-B charge was dropped by the Islamabad High Court (IHC) later.

In his application, Maneka alleged that Bushra violated the Islamic practice of observing the mandatory pause, or Iddat, between two marriages. Furthermore, Maneka accused his ex-wife and Imran Khan of having an adulterous relationship before their marriage.

Earlier, the cross-examination of the four prosecution witnesses, including Maneka, Aun Chaudhry, Nikah Khawan Mufti Saeed, and Maneka’s employee Latif, was completed. The defence was led by Advocate Salman Akram Raja for Imran and Advocate Osman Riaz Gul for Bushra.

Imran and Bushra submitted a joint statement of 342, answering 13 questions. In her statement, Bushra declared the divorce certificate of November 14, 2017, as fabricated, claiming she completed her mandatory Iddat period from April to August 2017 after receiving a verbal triple Talaq from Maneka in April 2017.

The court rejected the defence’s request to produce additional witnesses. A plea of acquittal under Section 249-A and jurisdictional pleas under Section 179 were also rejected.

During the hearing on February 1, Maneka made serious accusations against Imran, claiming the illicit relationship began during the 2014 sit-in and accusing the PTI founder of ruining his family. Imran challenged Maneka to take an oath on the Holy Quran.

According to the application, Maneka said he was “happily married” to Bushra Bibi since 1989 “till the intrusion of” Imran Khan into their marital affair “under the garb of “peeri mureedi”. He recalled that his sister-in-law, Maryam, who resides in the UAE, introduced Imran to them during the 2014 sit-in held by the PTI in Islamabad.

Imran then started visiting his house in his absence, Maneka claimed, adding that he used to stay there for hours in his absence. This conduct on his part was highly unethical, un-Islamic as he had no reason to stay, he alleged, adding that the visits “became very frequent with the passage of time, and at one point, Imran was ousted by me with disgrace”. He said his servant, Lateef, informed him about Imran’s frequent visits.

The petition said Imran’s close friend Zulfi Bukhari used to accompany him even though he was never Bushra Bibi’s disciple. On instances, Bukhari also came to Maneka’s house alone, he claimed. The PTI founder and Bushra Bibi remained in contact with each other for which cell phones and SIM cards were provided to the latter by her friend, Farah Khan aka Farhat Shahzadi, Maneka alleged. “I have reason to believe that they have developed illicit relations with each other even prior to their so-called nikah.”

He stated that harsh words were exchanged between the couple over his ex-wife’s conduct, but she came up with a cover-up story of spiritualism. I tried my best to reconcile the situation for the sake of my family, Maneka stated, adding that contact between his ex-wife and Imran continued till Nov 14, 2017, when he “half-heartedly divorced” Bushra Bibi.

Maneka claimed that even after the divorce, he was interested in reconciliation through his mother, but “my plans of reconciliation were frustrated due to their premature nikah” allegedly solemnised without observing the Iddat period. A month after their divorce, Farah Khan contacted him and asked to change the date on the divorce papers, Maneka claimed, added that he “flatly refused” to do so.

He accused Imran Khan of ruining his life and stigmatising his entire family. He claimed that the former premier and Bushra Bibi “committed a heinous offence by having illicit relations with each other before marriage and contracting nikah during the iddat period”, which contravenes the teachings of Islam.

I avoided reporting the matter because I was considering it my family matter but now, things have gone public; that’s why I am before the court,” Maneka added.

Meanwhile, Imran Khan said he has neither accepted nor would accept in future any deals with the powers that be, going as far as saying that he would “choose death over making a deal with anyone”.

In a brief chat with court reporters after the verdict, he said, “I have not made a deal, nor will I ever make one.”

Imran also said that the case against him was created to “humiliate and disgrace” both him and his spouse, Bushra Bibi.

“This marks the first instance in history where a case related to Iddat has been initiated,” he said. Imran said it was also the first time that someone was sentenced to 14 years imprisonment in a Toshakhana case.

He said that his party’s top leadership was targeted right after the announcement of the election schedule. Now, election candidates are not even being allowed to run their campaigns, he said.

Separately, Imran once again dispelled the impression that his spouse was shifted to Banigala to serve a 14-year sentence under a deal.

In a message on his X account, Imran said the case had been expedited as “they want to create a narrative against my dream of establishing Pakistan on the principles of Riasat-e Madinah”.

Bushra, speaking for the first time in Adiala Jail, portrayed herself as a victim of a plot to humiliate her. She vowed not to succumb to pressure, labelled the accusations as an attempt to weaken Imran and the PTI, and emphasised her determination to stand firm.

She said that that matter of Iddat is in the Holy Quran. “Everything is clear, it is a battle of honor and shamelessness, and the decision has to be made by the people.”

Meanwhile, talking to reporters outside the Adiala Jail, PTI senior leader Barrister Gohar Khan termed the verdict in Iddat case shameless and baseless, and announced to challenge it in a high court.

The party leader sarcastically stated that the verdict was in line with what was being expected.

Gohar alleged that cases like Toshakhana and Iddat were created to subject Imran to character assassination.

He maintained that none of the recent verdicts against Imran will hold up in front of tribunals.

“I told the judge that this was not expected of you,” Gohar stated, adding that the judiciary was being used for political purposes.

He insisted that only one Nikah of Imran was solemnised and claimed, “we didn’t get the chance to produce evidence or show it during cross-examination. Our acquittal [plea] was dismissed within 10 minutes”.

Gohar said the judge did not have the judgement in writing when he verbally announced it and that the judge considered the function arranged for Dua and celebrations of the Nikah as second (Nikah) one and only considered it valid.

Gohar said that Imran had a message for the nation, party workers, supporters and its candidates that they should demonstrate restraint, patience and come out on February 8 for casting their vote.

“Imran Khan has made it clear that he would not strike any deal and his deals are possible only for Pakistan’s progress and in the country’s interests,” he explained.

He alleged the way the cases against the party leader were conducted, were against the Constitution and the law and the haste of judges was before everyone.

Gohar complained that this was the first time in Pakistan’s history that a political party’s intra-party elections had been challenged and its electoral symbol revoked. He also lamented the speed at which cases against the PTI leaders were decided and the accused being given the maximum sentence in each case.

Meanwhile, the PTI spokesperson described, what the alleged, the “kangaroo” court’s decision against Imran Khan as contrary to Shariah and a serious and reprehensible attack on the Holy Book, law and marriage and family laws.

In reaction to the verdict, the spokesperson said that the “planners” have openly mocked the limits of Allah and trampled civilisation and Shariah under their feet with hatred and contempt aimed at persuading PTI founding chairman to accept slavery and to turn himself away from the service of God.

However, he made it clear that these rogue state elements would neither succeed in bowing down ‘Kaptan’ even in the face of severe degradation, blatant injustice and bare lawlessness, nor his nation would accept ‘Pharaohism’ come what may.

The PTI spokesperson charged that the decision removed the mask of honor, modesty, shame and civilisation from the face of the state and exposed its filthy and dirtiest face before the world.

Maneka also spoke to reporters, revealing the impact on his family, stating that one daughter faced divorce, and one son entered a rehabilitation centre due to the alleged affair.