Imran-Bushra Nikah not ‘irregular’ rather it’s ‘invalid’, IHC told

The Islamabad High Court has stayed the recording of witness statements in the Nikah in Iddat case against PTI founder Imran Khan and Bushra Bibi, reported 24NewsHD TV channel

IHC Justice Tariq Mehmood Jehangiri heard the petition filed by Bushra Bib against the case proceedings in the trial court against her and her spouse on Wednesday.

Khawar Manika’s lawyer Rizwan Abbasi appeared in the court while Bushra Bibi’s lawyer Salman Akram Raja appeared via video link.

The petitioner stated that her period of Iddat was completed at the time of her Nikah on January 1.

But Khawar Manika’s lawyer said that the Nikah was not “irregular” but “invalid” (Batil) as the second Nikah was solemnized again in February.

“Mufti Saeed has recorded his statement that he recited Imran Khan and Bushra Bibi’s second Nikah in February. Why the second Nikah was recited if the Nikah of January 1 was right,” the lawyer argued.

Lawyer Salman Akram Raja said that the trial court has fixed the case for hearing tomorrow in which the statements of the witnesses would be recorded. He asked for the stay on the trial.

He said that the trial court has dropped the section of illicit relations from the case in its verdict under which the statements were to be recorded.

On which, Justice Tariq Jehangiri stayed the recording of statements of the witnesses in the case tomorrow.

After that, the court sent the case file to IHC Chief Justice Aamer Farooq, saying that the first case is with the chief justice, this case should also be sent there.

On January 15, Bushra Bibi filed a petition in the Islamabad High Court seeking dismissal of the illegal Nikah case against her and her spouse.

She said that according to her ex-husband Khawar Manika, he divorced her on November 14, 2017. But, she said, Manika verbally divorced her three times on April 15, 2017 after which she moved to her mother's house in August 2017. She said that she stayed at her mother's house until her marriage to the PTI founder on January 1, 2018.

It was stated in the petition that the Supreme Court Shariat Appellate Bench had declared that 39 days were sufficient to complete the period of Iddat.

Three judgments of the High Courts were also presented as judicial precedents in the petition.

It was further stated in the petition that Nikah solemnized in Iddat is called irregular but not annulled. Courts have declared that the marriage during Iddat is an irregular marriage which will become regular after the period of Iddah is completed. Nikah in Iddat is not declared un-Islamic or against Shariah, the petition added.

Bushra Bibi said that knowing all the facts and after fulfilling the legal and Shariah requirements, she got married to the PTI founder.

The petition further stated that the allegation on Bushra Bibi that she solemnized Nikah by fraud was not true, and the provision of adultery was also not applied in the absence of two eyewitnesses.

The petitioner said that the case of marriage in Iddat against her was not maintainable.

Bushra Bibi requested in her petition that the January 11 order of the Additional Sessions Judge East be declared null and void, the case of marriage during Iddat should be dismissed and the proceedings of the trial court be stayed till the decision on the petition.

Reporter Ehtisham Kiyani