- Verdict reads: Convict can’t claim bail as a matter of right even in bailable offence under section 426 [of] CrPC’
- Court would take up main appeals against Imran, spouse’s convictions on July 13
ISLAMABAD: An Islamabad district and sessions court on Thursday turned down the pleas of former premier Imran Khan and his wife Bushra Bibi to suspend their seven-year conviction in the Nikah in Iddat case.
Additional District and Sessions Judge (ADSJ) Afzal Majoka announced the verdict today, which had been reserved on Tuesday.
In the detailed verdict, the judge cited older judgment and noted: “It can be said that as convict cannot claim bail as a matter of right even in bailable offence under section 426 [of] CrPC.
“Therefore on the same analogy it cannot be said that [a] women convict is entitled to bail under section 426 [of] CrPC like first proviso to sub-section (1) of section 497 [of] CrPC,” it added.
“Resume of above discussion is that no ground for suspension of sentence is available to both the petitioners. Accordingly, both the petitions under section 426 [of] CrPC are dismissed,” the order stated.
On February 3 days before the general elections an Islamabad court, while hearing the plea of Bushra Bibi’s ex-husband Khawar Fareed Maneka, had sentenced the couple to seven years in jail and imposed Rs500,000 fine each for contracting marriage during Bushra Bibi’s Iddat period.
The verdict had come in the same week the couple had been handed 14-year sentences in the Toshakhana case, and Imran and his foreign minister Shah Mahmood Qureshi had received a 10-year sentence in the cypher case. The Toshakhana case sentences had been suspended in April while earlier this month, Imran and Qureshi had also been acquitted in the cipher case.
The Iddat conviction was widely criticised by civil society, women activists and lawyers for being a “blow to women’s right to dignity and privacy”.
Activists had protested in Islamabad against the verdict while a Karachi demonstration against the “state’s intrusion into people’s private lives” had also denounced it.
Previously, District and Sessions Judge Shahrukh Arjumand was hearing the case and had reserved the verdict in May. However, on the day of its expected announcement, he sought transfer of the case, citing Maneka’s request for recusal from hearing the appeals.
Subsequently, the case was transferred to ADSJ Majoka. However, the counsel for Bushra Bibi had filed a petition before the IHC seeking her release on bail and suspension of her sentence. Separately, the Islamabad High Court had ordered the sessions court to decide in 10 days on pleas by PTI founder and his wife.
Last week, Maneka’s counsel had repeatedly sought an adjournment in the proceedings but judge Majoka ordered him to conclude his arguments by June 25.
The court would then take up the main appeals against Imran and Bushra Bibi’s convictions, which it has been ordered by the IHC to do by July 13.
A petition filed by Bushra Bibi’s counsel seeking her release on bail and suspension is also pending before the IHC, with notices issued to the complainant and prosecution.
