Release from jail remains elusive as Imran, Bushra ‘arrested’ in new case after Iddat conviction overturned
A possible release from prison remained elusive for former prime minister Imran Khan and his spouse Bushra Bibi on Saturday as the National Accountability Bureau (NAB) arrested them in a new Toshakhana case hours after they were acquitted by an Islamabad court in the Iddat case.
NAB Deputy Director Mohsin Haroon confirmed while talking to Dawn.com that Imran and Bushra Bibi were arrested in a fresh Toshakhana case. “They have been arrested in a new Toshakhana case,” he said.
Earlier, an Islamabad district and sessions court accepted the appeals filed by Imran and his spouse against their conviction in the Iddat case, clearing the last existing legal case at the time keeping the PTI founder in jail.
His sentences in the two Toshakhana cases were suspended while he was acquitted by the Islamabad High Court (IHC) in the cipher case. Various courts have also acquitted him in several other cases filed against him since the events of May 9, 2023 — the day when his first arrest had caused riots across the country, following which the state launched a crackdown against him and his party.
Imran’s legal position:
- Islamabad court acquits Imran, Bushra Bibi; orders immediate release
- Release of couple from Adiala Jail not confirmed so far
- PTI celebrates while government quiet on development so far
- Bushra Bibi’s sentence in Toshakhana case has been suspended, granted pre-arrest bail in corruption reference
- PTI condemns reports of NAB team on way to arrest Bushra Bibi in new Toshakhana case
- NAB arrests couple in new Toshakhana case
The IHC in May also approved Imran’s bail application in the 190 million pound corruption case, saying that the investigation into the matter was complete and the PTI founder’s “continued incarceration” would not serve any purpose.
However, a Lahore anti-terrorism court on Tuesday dismissed Imran’s pre-arrest bail petitions in three cases related to the May 9 riots.
The couple was convicted in the Iddat case on February 3 — days before the general elections — on a complaint filed by Bushra Bibi’s ex-husband, Khawar Fareed Maneka, who alleged that they contracted marriage during the former first lady’s Iddat period.
Senior civil judge Qudratullah had sentenced the ex-premier and his spouse to seven years in jail and imposed a Rs500,000 fine each — a decision that was widely criticised by civil society, women activists and lawyers. The verdict had coincided with the Toshakhana and cipher case sentences.
Previously, District and Sessions Judge (DSJ) Shahrukh Arjumand was hearing the case and had reserved the verdict in May. However, on the day of its expected announcement, he sought a transfer of the case, citing Maneka’s request for recusal from hearing the appeals. Subsequently, the case was transferred to the court of Additional DSJ Afzal Majoka.
Last month, ADSJ Majoka had rejected another set of pleas filed by Imran and his wife seeking the suspension of their sentences.
ADSJ Majoka announced the judgment today at 3pm after reserving the verdict earlier in the day.
After accepting their appeals, the judge said: “If they are not wanted in any other case, then PTI founder Imran Khan and Bushra Bibi should be released [from jail] immediately.”
Earlier today, a pair of applications was filed by Maneka — one was to carry out the medical checkup of Bushra Bibi, his ex-wife, to ascertain her menstrual cycle while the other application called on religious scholars and ulemas for consultation on further deliberation on the duration of Iddat.
The judge, in his order, dismissed both applications, adding that the orders for the release of the PTI founder and his spouse were issued.
According to the short order, a copy of which is available with Dawn.com, appeals filed by both appellants were accepted and the couple were acquitted of the charge.
“Whereas […] the Superintendent Central Prison Adiala, Rawalpindi is required and authorised to release the above-referred appellants forthwith if they are not required in any other case,” it said.
The written verdict, a copy of which is available with Dawn.com, said: “Both the appellants contracted second marriage as per statement of complainant party after Iddat, therefore, this marriage has become valid marriage. Similarly, under Sunni law, an unlawful conjunction by way of marriage during Iddat period renders the marriage irregular and not void and an irregular marriage becomes regular the moment the bottleneck is removed i.e. Iddat period expires.”
It further said: “This court is of the view that the appellants have not gone through any marriage ceremony fraudulently or with dishonest intention because none of the parties claim that Nikah was not performed and fraudulently he or she was supposed to believe that marriage ceremony was solemnised. In the instant case, it is case of the complainant that on Jan 1, 2018, Nikah of the appellants was performed and then second Nikah was performed in February 2018. In this way, by no stretch of imagination, it was a marriage with dishonest or fraudulent intention.”
The order said it was also “surprising” that Maneka “remained passive” for six years to pursue his right of return, adding that the period for it had already expired by the time the complaint was filed. It concluded that he had failed to prove his case.
The PML-N government has already spoken its mind about keeping Imran in jail for its five-year term till 2029 for “economic stability”.
“People come to us and tell us if Pakistan has to progress then Imran Khan will have to be kept in jail for five years,” Planning Minister Ahsan Iqbal said while talking to reporters last month.
He had said that if Imran came out of jail then there would be again sit-ins and fight and the country could not afford this. “There is a voice of the people [that] Imran Khan should remain in jail for five years,” he had said
PTI lawyers, leaders and supporters celebrated outside the court following the verdict.
However, shortly after, the PTI condemned alleged reports of the National Accountability Bureau (NAB) on its way to arrest Bushra Bibi in a new Toshakhana case.
“NAB should be ashamed of themselves for completely destroying their credibility, and for carrying out illegal activities!
“After the most disgusting case, they now want to arrest Bushra Bibi in another bogus case!”
The party called on the courts to take notice of the matter.
PTI lawyer Naeem Haider Panjutha said the release orders were given to the Adiala Jail personnel and the party was waiting.
He said the party had filed petitions in the Lahore High Court against the ATC’s dismissal of Imran’s pre-arrest bail pleas.
Verdict a victory for country, independent judiciary: Gohar Khan
Following the verdict, PTI Chairman Barrister Gohar Khan, while speaking to the media, said that the purpose of the conviction was to force Imran to compromise but “Imran has stood steady as a rock”.
“I met Imran Khan and Bibi today as well in Adiala, and he was very happy about yesterday’s verdict,” Gohar said referring to the Supreme Court’s decision to rule the PTI eligible for reserved seats.
“The win today is the country’s win and is a win for the independent judiciary. The world has now seen that this was merely a case made for political victimisation.”
The PTI praised Bushra Bibi for the “bravery” with which she faced the trial, adding that she made every woman in society proud.
“Congratulations to the whole nation, especially to those who suffered at the hands of brutal state oppression and barbarity. Pakistan takes a turn for the better,” said PTI spokesperson Raoof Hasan.
PTI lawyer Salman Akram Raja termed the decision a “victory for all women”.
PTI leader Hammad Azhar said those had pursued the case against were “disgraced” by the court’s verdict.
Former PTI senator Faisal Javed said Imran stood vindicated “yet again!”
“A shameful Iddat case meeting it’s logical end, leaving a stain only on those who sponsored it,” remarked former Khyber Pakhunkhwa finance minister Taimur Jhagra.
PTI ally Majlis Wahdat-e-Muslimeen Pakistan chief Senator Allama Raja Nasir termed the verdict a “victory for the truth”.
Former PTI leaders Fawad Chaudhry, Ali Zaidi and Imran Ismail also warmly welcomed the verdict.
“Congratulations to all the women of Pakistan on the approval of Bushra Bibi’s appeal in the Iddat case, this worst case has come to an end,” Chaudhry hailed.
“Sense prevails as the most disgusting case in Pakistan’s history is finally thrown out by the courts,” Zaidi said.
Ismail shared similar sentiments.
Today’s hearing
At the outset of the hearing today, Maneka’s lawyer Advocate Zahid Asif said Imran’s legal team had mentioned bringing witnesses to the court during the previous proceedings.
“If they want to bring witnesses they can, we don’t have any objections,” he stated, adding that the court could accept evidence at any point during the case.
Referring to yesterday’s hearing, during which the judge had observed that Maneka being the follower of the Hanafi sect had lost the right to conciliation with Bushra Bibi, Asif pointed out that nowhere was the Hanafi sect mentioned neither had Mufti Saeed said anything regarding it.
He claimed that Imran was putting the entire responsibility of the case on “Bushra Bibi’s shoulders”. “The husband is sidelining his wife’s sacrifices and saying that he is innocent,” the lawyer alleged, adding that such behaviour was not expected from a leader.
He then went on to recite some verses of Allama Iqbal’s poetry in court.
Here, ADSJ Majoka remarked: “This is not possible … the marriage took place, both [of them] are responsible.”
Continuing his arguments, Advocate Asif contended that Bushra Bibi had said Maneka divorced her thrice verbally. “There is no standing of a verbal divorce … the law says that documented evidence weighs more,” he said.
The lawyer further stated that neither Imran nor his spouse mentioned in any of their statements that their marriage took place after the completion of the period of Iddat. He said that despite being given a chance, they also refused to present witnesses in court.
At one point, Asif also lamented that he wasn’t given ample time to present his arguments in court.
Meanwhile, the judge asked if there was a punishment prescribed for zina in the Holy Quran to which the lawyer replied: “Apart from from four witnesses, there is no other punishment mentioned.”
Subsequently, Imran’s counsel Salman Akram Raja began his arguments. Citing the Muslim Family Laws Ordinance 1961, he stated that there was no point in the 90-day argument (Iddat period) because divorce papers were not sent by Maneka.
“Even if we accept their argument, there can be a legal defect but the marriage can’t be called fraud,” Raja said. He also highlighted that Maneka, in his statement, had called Bushra Bibi his ex-wife, adding that a photocopy of the divorce papers had already been presented in court.
After Raja wrapped up his arguments, the court reserved the verdict in the case.
Iddat case
Imran and Bushra Bibi 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.
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.
The charges against the couple were framed by Judge Qudratullah on a complaint filed under PPC Sections 34 (common intention), 496 and 496-B (fornication). However, Section 496-B was dropped by the IHC later.
Days after Imran and Bushra were indicted in the case, the IHC on January 19 had stopped the proceedings against the couple and restrained the prosecution from producing the evidence in the case.
The IHC then refused to quash proceedings in the case, saying the charge had already been framed by the trial court. It, however, gave the couple some relief by dropping the “illegitimate relations” charge of section 496-B of the PPC, which had not been framed by the trial court.
IHC Chief Justice Aamer Farooq had disposed of Bushra Bibi’s petition, observing that the “required procedure was not adopted” for invoking section 496-B.
Additional reporting by Rana Bilal.