ISLAMABAD, June 11 (Online): Islamabad High Court (IHC) while issuing notice to Khawar Manika on Imran Khan appeal plea in Nikah during iddat case has sought reply from him on june 13.
Nikah during iddat case came up for hearing before single bench of IHC led by Justice Miangul Hassan Aurangzeb Tuesday.
Salman Akram Raja counsel for PTI founder and Salman Safdar counsel for Bushra Bibi appeared in the court.
Salman Akram Raja told the court that sessions judge Shahrukh Arjumand had fixed date for announcing decision on the appeal pleas against conviction in Iddat case.
Sessions judge instead of announcing decision on May 23 sent the report to Chief Justice despite the fact that only decision was yet to come following the completion of the arguments.
Sessions judge said on May 23 that the decision will be announced on May 29. But on May 29 the complainant raised hue and cry and expressed lack of confidence on court.
Justice Miangul Hassan Aurangzeb inquired were the arguments completed on May 23.
Counsel Salman Akram Raja said the court had reserved judgment following the completion of the arguments.
The court inquired did the complainant express mistrust on judge in writing on May 29.
The counsel told the court the complainant filed no written application but he filed application related to mistrust before it which was rejected.
Judge Shahrukh Arjumand rejected the first application of Khawar Manika seeking to transfer the case.
The court asked was that order of sessions court challenged.
Counsel Salman Akram Raja said no , that order was not challenged.
Justice Miangul Hassan Aurangzeb inquired ” you say the matter should be sent back to sessions judge or high court should hear it on its own.
Salman Akram Raja said the case cannot be sent from sessions judge to his subordinate additional sessions judge.
Justice Miangul Hassan inquired , what reason was written by Chief Justice (CJ) IHC in his order.
Salman Akram Raja told the court the order of CJ IHC Aamir Farooq was administrative order and we have no copy of this order. The CJ IHC Aamir Farooq gave decision without issuing us notice.
Salman Akram Raja took the plea administrative order of high court cannot abolish any judicial order nor can it stop from giving relief.
Justice Miangul Hassan Aurangzeb remarked ” one judge returned the case then will it be appropriate to return the case to him. Will it not be appropriate that we send this case to some other judge with narration.
Counsel for Imran Khan said Judge Shahrukh Arjumand wanted to decide the case. Can some other petitioner do so that he gets transfer the case by leveling allegation on judge.
Justice Miangul Hassan Aurangzeb remarked Shahrukh Arjumand is one among the best judicial officers. Trial of nikah during iddat case was completed in how much period.
Counsel Suleman Akram Raja replied ” in three days.
Justice Miangul Hassan Aurangzeb remarked ” no,no I am asking trial was completed in what period.
Suleman Akram Raja said that I am telling too about trial. The trial was completed in three days by running it 12 hours every day.
Justice Miangul Hassan Aurangzeb inquired charge was framed when in the case.
Counsel for Imran Khan told the court charge was framed on January 16, 2024 but trial was completed in three days. Date was given to judge that he was to give decision on that date. This case was given to selected judge. We have reservations over it. If we raise this objection over that judge in coming days
then what will happen. If a sessions judge is incapable then additional sessions judge became capable.
The court while issuing notice to Khawar Manika on appeal plea of Imran Khan sought reply from him on June 13.
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