The file photo shows former premier Imran Khan and his wife Bushra Bibi outside a court last year. — AFP

Legal fraternity welcomes quashing of ‘absurd and vile’ Iddat case convictions

Lawyer Mirza Moiz Baig notes Imran’s "path to freedom may still encounter obstacles"; lawyer Salaar Khan says case "rightfully rubbished".
Published July 13, 2024

An Islamabad district and sessions court on Saturday upheld the appeals submitted by former prime minister Imran Khan and his wife, Bushra Bibi, against their conviction in the Iddat case.

The decision absolved the PTI founder and his wife in a case that saw their private life discussed in the courtroom and was often seen as the weakest and most unnecessary of all the legal hurdles created in their path by the state in order to keep them incarcerated.

The legal community overwhelmingly welcomed the quashing of the “absurd and vile” case even as they scrutinised its implications for Imran’s legal standing and the broader judicial landscape.

‘Absurd and vile’

Lawyer Salaar Khan said the Iddat case was the “most absurd and vile” of all those against the former prime minister.

He said the case and its sentence had “rightfully been rubbished” after the court’s acquittal of Imran and his wife.

‘Path to freedom may still encounter obstacles’

Lawyer Mirza Moiz Baig said that there appeared to be no remaining legal reason for Imran’s continued incarceration.

“Nonetheless, given that the past year has seen PTI-associated leaders facing a series of new cases even after previous acquittals, Imran’s path to freedom may still encounter obstacles,” he remarked.

He said the Supreme Court’s “recent serious concerns” about the Election Commission of Pakistan’s neutrality, coupled with the “increasing costs of maintaining the status quo”, made it imperative for all stakeholders to adhere to the judgment in both letter and spirit and to start a “much-needed reconciliation process”.

‘Justice being served’

Lawyer Rida Hosain said the Iddat case conviction would remain a “stain on the broken criminal justice system of our country”.

She said the law was weaponised, and the court had endorsed this “weaponisation of justice.

“In the process, a woman’s right to dignity was attacked, unjust aspersions were cast on her character and her menstrual cycle was made a central topic of contention in a courtroom. No law allows for such blatant intrusion into privacy. This case should never have resulted in a conviction in the first place.”

Hosain said the original verdict had ignored established precedent of the superior courts and accepted a man’s testimony about his former wife’s body.

“This had ramifications for all women, and overturning this verdict is justice being served.”

‘Question mark on our judicial system and its impartiality’

Barrister Ahsan Pirzada said that the case was allowed to proceed against the couple at all in the first place raised a “question mark on our judicial system and its impartiality”.

Welcoming that the case was thrown out, he added: “All that is left now is to throw Khawar Maneka in jail!”

‘Befitting rebuke to attempt to politicise a woman’s body, privacy’

Lawyer Basil Nabi Malik also rued that it was “unfortunate that a case of this nature even reached the appellate stage.

“Nonetheless, the acquittal is welcome, and shall definitely help in augmenting the credibility of an institution in dire need of the same. This is not merely a victory for Imran Khan and Bushra Bibi, but a befitting rebuke to an attempt to politicise and regulate a woman’s body and privacy. “

He added that the decision “should have come much earlier”.

‘Utterly frivolous case’

Barrister Yasser Latif Hamdani, who had criticised the apex court’s reserved seats verdict from yesterday, praised the acquittal issued today, saying that the Iddat case was an “overreach and proved disastrous for divorced women seeking to remarry”.

He said he was relieved that the convictions were overturned.

“However, the series of decisions in favour of PTI has fostered a perception that our courts merely endorse deals made elsewhere. On its merits, the Iddat case should never have been filed in the first place, as it was an utterly frivolous case that violated Article 14 of the Constitution of Pakistan.

“In that regard, it is indeed a positive development that the verdict has been overturned.”