ISLAMABAD, June 25 (Online): Suleman Safdar counsel for Bushra Bibi has raised question on power of jurisdiction of trial court in Nikah during iddat case.
The counsel Suleman Safdar argued it was said one part of offence has been committed in Lahore and other part has been committed in Islamabad.
Judge Afzal Majoka inquired why indictment was not framed in this case. This is written in the decision.
The counsel said punishment was awarded in the case which could not be made here.
The petition for early hearing of central appeals and plea seeking suspension of sentences awarded to Imran Khan and Bushra Bibi in nikah during iddat case came up for hearing in district and sessions court Islamabad Tuesday.
Additional district and sessions judge Muhammad Afzal Majoka heard the petitions .
Barrister Suleman Safdar, Khalid Yousuf Chaudhry counsels for Imran Khan and Bushra Bibi and Zahid Asif counsel for Khawar Manika appeared in the case.
While offering arguments Suleman Safdar raised question on power of jurisdiction of trial court.
Suleman Safdar said while giving arguments said he has been contesting criminal cases since several years. When I studied this case to contest then I came to know such case was never contested by any one in the past. It is a strange case. Husband and wife both are in jail. It is not known who committed fraud with whom.
The counsel argued the complainant said injustice has been done. There is a time for every case. But here the case was filed after 6 years, (2000 days). I have sympathy with complainant too. I don’t know what is his compulsion.
Barrister Suleman Safdar said the decision of high court has not come so far and appeal was filed in Supreme Court (SC) in cipher case. The judges of high court said such type of case has never come that a former Prime Minister (PM) and former foreign minister have been charged.
He told the court that sentence was suspended within 3 minutes in Toshakhana case. Today we also hope so. Several difficulties were faced in the court of Shah Rukh Arjumand during hearing of nikah during iddat case. The court showed restraint. I don’t know what decision you have to give. Bail has to be granted or has to be rejected. I will respect your decision.
Suleman Safdar argued I am representing a woman and a mother who is complaining continuously.
When I met Bushra Bibi she told she has swelling in her feet.
Zahid Asif advocae said they themselves say we went from Banni Gala to comfort zone. They should now stay in jail. Why they are seeking suspension in sentence.
Counsel Suleman Safdar said Tosha Khana case came to fore after cipher. In this case the counsel of other side did not oppose the plea for suspension of sentence. I hope the counsel for other side will do so today as well.
Central appeals and petitions for suspension of conviction also came to Sessions Judge Shah Rukh Arjumand. When decision was to come then it becomes reference. Later case comes to you. I don’t know what decision has to be given by the court. But whatever decision comes I will return after hearing it. If I have differences over it then I will go to appeal. Suleman Akram Raja had correctly said I have been appearing in this case. I want decision.
Judge Afzal Majoka said you will file petition for suspension of sentence on medical ground too.
The counsel replied I will talk with reference to it in the end.
The counsel for Bushra Bibi said When I met Bushra Bibi last time then there was swelling on her feet. My client went to Adiala jail by switching off AC of Bani Gala.
Zahid Asif counsel for Khawar Manika said then jail is better for her. She should stay there.
Barrister Suleman Safdar argued if appeals are pending hearing in district courts even then high court has powers to suspend the sentence. It was my efforts that Bushra Bibi would have come to home before Eid.
Suleman Safdar said Suleman Akram Raja had argued that the judge who had heard the case should decide it. When we moved to Islamabad High court (IHC) then every thing was told IHC is fully aware what is going on. The complainant is using dilatory tactics.
Barrister Suleman Safdar read out IHC decision in the court.
The petition for early hearing of appeals and plea for suspension of conviction in Nikah during iddat case was wrapped up being ineffective.
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