RAWALPINDI: A senior civil judge of Islamabad on Tuesday dropped the charge of fornication against former premier Imran Khan and his spouse Bushra Bibi, but indicted them for contracting Nikkah during her Iddat period.

Senior civil judge Qudratullah was hearing the complaint of Khawar Fareed Maneka seeking legal action against his former wife, Bushra Bibi, and Mr Khan for solemnising Nikah during her Iddat period.

The prosecution had added the offence of fornication to the charges. But during the indictment, the judge noted that there was no witness other than a member of Mr Maneka’s domestic staff.

Therefore, the couple could not be charged under Section 496-B of the Pakistan Penal Code, the judge said, indicting them under Section 496 for ‘fraudulent marriage’.

The hearing was held inside Adiala Jail.

Mr Khan and his spouse both were present inside the makeshift courtroom, but the judge kept waiting for lawyer Usman Gill, who was not there. Some two hours later, Bushra Bibi quietly left the courtroom. When her counsel appeared in the courtroom after a while and the judge started the proceedings, he learnt that Bushra Bibi was not there. Upon inquiry, Gill said she had to leave as she was unwell.

Judge blocks attempt to include ‘fornication’ charge against ex-PM, spouse

The judge wondered how a suspect could leave the courtroom without seeking permission.

Later, the counsel argued that the judge could not indict Bushra Bibi along with her husband in her absence.

The judge then read out the charges before the ex-premier. When Mr Khan was asked if he accepts the charges, he replied since he was not well versed with legal jargon, he could not understand what the judge had read out. He said the only point he could figure out was that the cases against him were part of the ‘London Agreement’ that toppled his government.

According to Mr Khan, the complaint of Mr Maneka was an afterthought as he took six years to file the complaint “apparently after his software was updated”. He believed the prosecution was in a hurry as they wanted to conclude this case before the general election on Feb 8.

The judge asked the prosecution to produce witnesses and adjourned the hearing till Jan 18.

Jail trial challenged

Meanwhile, Mr Khan moved the Islamabad High Court against his jail trial in Toshakhana and GBP190 million corruption cases.

The law ministry issued the notification for jail trial of Mr Khan in the corruption case on Nov 14 and in Toshakhana reference on Nov 28.

The petitions said that the notifications were issued for mala fide reasons and requested the court to set aside the order of holding the trial of Mr Khan inside Adiala Jail.

Published in Dawn, January 17th, 2024