Islamabad: In Duran-i-Idt Nikah case, the Islamabad High Court has remarked that the reason for the judge’s separation from the case may not be valid.
Islamabad High Court Justice Mian Gul Hasan Aurangzeb heard the petitions related to the appeals against the sentence in the Nikah case of founder chairman PTI Imran Khan and his wife Bushra Bibi during the Iddah period, along with the objections of the Registrar’s Office.
Earlier, the registrar’s office had raised an objection as to how the High Court could hear the case when the matter was pending in the Sessions Court, but the court overruled both the petitions.
In the petition filed by Bushra Bibi, it was decided that the High Court should decide on the petition for suspension of sentence pending in the Sessions Court. Similarly, in the petition of Imran Khan, it was requested that the case be sent back and the Sessions Judge Shahrukh Arjamand be ordered to give a safe verdict, otherwise the Islamabad High Court should hear the appeal and decide by itself.
Salman Akram Raja appeared on behalf of the petitioner, the court inquired what is the objection to this application?, to which the lawyer said that I am stating the facts why I have approached this court, not by seeking an administrative order for judicial relief. could stop Sessions Judge Shahrukh Arjumand had fixed the date of judgment on the appeals against the sentence.
Justice Mian Gul Hasan Aurangzeb inquired that do you say that the matter should be sent back to the Sessions Judge or the High Court should hear it by itself? , to which the lawyer replied that on May 23, the Sessions Judge said he would pronounce the verdict on May 29. After the arguments were completed, the court reserved its decision. The complainant did not file a writ petition on May 29 but earlier filed a no-confidence motion which was rejected.
The lawyer argued that on January 16, the charge sheet was filed in the case, on February 1, the process of recording the evidence began, which was completed in 2 days. By late night on February 2, the statements of all four witnesses were completed in the jail hearing. On February 3, the court pronounced the sentence against PTI founder and Bushra Bibi. An appeal against the conviction was filed on February 23.
Barrister Salman Safdar, the lawyer of Bushra Bibi, said in his arguments that the application on behalf of Bushra Bibi is slightly different. Bushra Bibi was sentenced to 7 years in prison. The appeal and suspension of sentence is not being decided in the session court. The Islamabad High Court has the power to order suspension of sentence. The woman petitioner wants relief to be granted to her.
The court remarked that the reason for setting aside the case may not be valid. The court inquired that when the judge separates himself from the case, then is it appropriate to send him again? Later, the court attached petitions of founder PTI and Bushra Bibi and issued a notice for June 13 on Bushra Bibi’s request for suspension of sentence.
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