IHC bars trial court from recording statements of witnesses

NIKAH DURING IDDAT CASE

Pakistan Jan, 19 2024
IHC bars trial court from recording statements of witnesses
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ISLAMABAD: Islamabad High Court (IHC) has stopped trial court from recording the statements of the witnesses in Nikah during Iddat case against Bushra Bibi and PTI founder Imran Khan.

Nikah during Iddat petition against PTI founder and Bushra Bibi came up for hearing before Chief Justice (CJ) IHC Aamir Farooq Friday.

Suleman Akram Raja counsel for PTI founder and his wife Bushra Bibi appeared in the court.

During the hearing of the case Suleman Akram Raja said in the court all the district judiciary is present there in Adiala jail. They have to record statements of witnesses today.  The court questioned we stop them to record the statements of witnesses. Tell us what case is. The court questioned generally what is period of iddat.  Suleman Akram Raja said if their statement is accepted then the nikah was solemnized after 48 days of divorce. Generally there is period of 90 days. But Maulana Taqi Usmani has clarified therein. Supreme Court decision is there regarding the period of iddat.

CJ IHC Aamir Farooq remarked suppose there is no decision of Supreme Court on this count. What you have challenged in this petition.

Suleman Akram Raja said we have challenged summons issued to PTI founder and Bushra Bibi. The court remarked if nikah has taken place according to law during iddat then it is regularized later. If nikkah is not solemnized regularly then what offence is therein.  The court stopped trial court from recording the statements of the witnesses.

Published in The Daily National Courier, January, 20 2024

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