What is the matter of Judge Humayun Dilawar's Facebook post?

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Transcript

00:00 It is total fun, but there are 3 options, either 3 years or two extra fine.

00:06 But we have the maximum punish mentioned.

00:10 I could see that the punishment and both.

00:13 So after the punishment, Mr Kumar Dalshad asked that, if we can fix Although, he claimed

00:19 that his conviction will fade after head-to-head.

00:24 What kind of convincing policy did he advise you regarding this?

00:29 I said, if he has the same lawyer, he will look at the case, the High Court, the Supreme Court, and find out the whole truth.

00:38 Mr. Abbas Zubairi, who brought his friends, fought the case very fight-free.

00:43 Now this case will be appealed, but the decision will not be made suddenly.

00:49 Like when he was arrested on 9th May, the way the Supreme Court and the court had intervened and had him removed from the court, that will not happen.

00:59 The thing is, if he goes to the High Court, they will give him all the documents of each case.

01:05 Then the verdict will be made and the Supreme Court will be against his verdict.

01:10 But all the cases are not easy.

01:13 The punishment has been given.

01:14 How long will it take?

01:17 The party's ruling will end.

01:19 How long will it take?

01:22 The courts know that there are two types of courts here, the court of Gurbakir and the court of Kashmir.

01:27 Everyone knows.

01:29 So, they will know what the verdict will be.

01:31 But this case is very strong.

01:33 This election commission...

01:35 So, it will not be that the day he goes to court, like if he goes to court on Monday, he will get relief on Monday.

01:43 It will not be like that.

01:44 Can this case hold the bail?

01:46 Now, this case will hold the bail.

01:49 Now, they have wasted all their time.

01:51 They have repeatedly gone to the Islamabad High Court.

01:53 The Islamabad High Court has rejected them.

01:55 Okay, let's reconnect with Governor Dilshad.

02:03 Abiz Zubairi, you were smiling during the conversation.

02:08 Especially when he was referring to the Bukla team.

02:11 Earlier, when the case was in the Session Court, the Supreme Court was also going to the Tariq-e-Insaf and the Islamabad High Court was also going to get relief.

02:18 But now, the whole story is the same on the Islamabad High Court.

02:22 And did the legal team give wrong advice?

02:25 Did they not follow the case properly?

02:27 I cannot say that.

02:30 It is their Bukla's fault.

02:31 But I saw two or three things today.

02:34 One is that they tried.

02:36 Every party, every lawyer tries to get relief for their client.

02:42 And every court will knock on the door to get relief.

02:46 If they don't get it from the bottom, they will appeal.

02:48 This is the right of a party.

02:50 And the party goes to the court.

02:51 The court entertains them.

02:52 If they don't, it is the court's responsibility.

02:54 There is discretion.

02:55 They have to make a decision according to the law and justice.

02:58 But I will say one thing, Mr. Kavar, whom we respect a lot.

03:01 As far as today, sir, you see the complainant in this case,

03:05 who has seen the first page with an order,

03:07 because I have not seen the whole case,

03:09 the complainant in that case is not the name of the Speaker of the National Assembly.

03:14 So I don't know, maybe they have sent a reference.

03:16 But the complaint that was filed before the Sessions Court,

03:19 was filed by the Election Commission of Pakistan.

03:21 Maybe I am wrong.

03:22 Mr. Kavar knows better about this.

03:25 The first page that came with the order,

03:28 in that, the name of the complainant is only his,

03:31 the Election Commission of Pakistan.

03:33 The second thing, his lawyer was not there.

03:35 But I say one thing, okay, today the lawyer was not there.

03:38 According to me, the lawyer should have been present today.

03:41 And when you understand that the judge is not with you,

03:44 the judge is in a hurry, he says that he has to make a decision,

03:46 he has to do everything,

03:47 you should have been present in the case.

03:50 You were not there, you should have done something.

03:52 I understand that today,

03:54 no doubt you were not there, it was their excuse.

03:56 The court was also in a hurry.

03:58 On both sides, I say that today it was not right.

04:00 Okay. Mr. Kavar Dulshan, please tell us,

04:04 if you want to add anything to this discussion.

04:06 The other, the lawyer of PTI,

04:08 was told that,

04:10 especially the FIA,

04:12 they have given statements about the judge,

04:14 there are some alleged Facebook posts about it.

04:16 In two weeks, the FIA has been told to give a report.

04:18 They say that if a report is given,

04:20 in which this has been proven,

04:22 then where will we see this decision,

04:24 what will be the status of this decision?

04:26 Is this a point that can be challenged in court?

04:28 Look, I will update a little

04:32 from the discussion of Mr. Abbas Ibrahim.

04:34 Since the election commission

04:36 was formed later by the party,

04:38 first the Speaker and Assembly were referred.

04:40 The Speaker and Assembly

04:42 referred that

04:44 this is against the facts

04:46 and principles of Tosha Khan.

04:48 In the election, Pakistan gave its judgment

04:50 in the light of the reference of the Speaker and Assembly.

04:52 The Speaker and Assembly

04:54 gave their judgment

04:56 under Article 63(1)(h)

04:58 and they were de-seated.

05:00 After this, the section 174

05:02 under which the election commission

05:04 has written that

05:06 there is no court in the election commission

05:08 and the election commission cannot punish.

05:10 In that, it is written in the procedure

05:12 that Article 173, 174

05:14 when it is passed,

05:16 184, 183,

05:18 it is written in that

05:20 the case of Kareem Patel

05:22 will be sent to the election commission

05:24 as a trial court

05:26 under the case of the military case

05:28 to the additional district session judge.

05:30 Then the election commission

05:32 sent a trial court in the light of its decision

05:34 and the trial court

05:36 is the session judge.

05:38 The election commission is not a trial court.

05:40 The reference that came after the Madai election commission

05:42 was that of the Speaker and Assembly.

05:44 In the case of Adaat or the case

05:46 the Speaker and Assembly will not be mentioned.

05:48 But the reference that came after

05:50 was that of the election commission.

05:52 The election commission did not take the notice of the case.

05:54 So, all these cases

05:56 have been faced by the institution.

05:58 Now, this case is very important.

06:00 Now, the High Court will see

06:02 whether it is the Islamabad High Court or the Lahore High Court.

06:04 When the High Court will see the case,

06:06 all the facts will be revealed.

06:08 After that, they will get relief.

06:10 They will not get it. It is the decision of the High Court.

06:12 Okay.

06:14 Will they have the party chairmanship

06:16 or not?

06:18 Please clarify this, Mr. Kumar Jowachar.

06:20 The leadership of the party will be over.

06:22 Justice Sakram Nisar,

06:24 the Chief Justice of Pakistan,

06:26 in February 2021,

06:28 he gave the decision

06:30 that the party that is appointed

06:32 cannot be the head of the party.

06:34 Now, the punishment has been given.

06:36 So, our regular

06:38 section of the party,

06:40 from 205 to 204 to 208,

06:42 it is written that

06:44 the person who will become the head of the party

06:46 or the member of the party

06:48 who is eligible to become a member of the National Assembly,

06:50 and because he is not eligible

06:52 to become a member of the National Assembly,

06:54 then he will have to be punished

06:56 by the party.

06:58 This case is already under discussion

07:00 in the High Court.

07:02 It is also under discussion by the Election Commission.

07:04 Now, the Election Commission has to decide

07:06 whether he can be the head of the party or not.

07:08 But, in the opposite view,

07:10 he will not be the head of the party.

07:12 So, the Election Commission has to

07:14 denotify him or

07:16 it is assumed that he has already been denotified?

07:18 Yes, Mr. Gawadal Shah.

07:26 Okay, I will say that

07:28 he will be the head of the party

07:30 and that is why he will be accused.

07:32 The elections have been postponed.

07:34 As long as he is on the punishment,

07:36 he will not be the head of the party.

07:38 But, he can become the head of the party.

07:40 Mr. Nawaz Sharif is ready to be the head of the party

07:42 but he is not the head of the party.

07:44 So, in this way,

07:46 the party has to find a way.

07:48 So, the Election Commission will

07:50 formally denotify him?

07:52 Yes, the party will formally

07:56 issue a personal order in the elections.

07:58 The case is already under discussion.

08:00 The decision will be made

08:02 that he will not be the head of the party.

08:04 The decision will be made by the Election Commission.

08:06 He has already stated

08:08 that he will not be the head of the party.

08:10 He has already stated

08:12 that he will not be the head of the party.

08:14 He has already stated

08:16 that he will not be the head of the party.

08:18 Okay, so after the appeal?

08:20 The decision will be made

08:22 before the appeal.

08:24 The appeal will be made later.

08:26 The appeal will continue as Mr. Gawadal Shah said.

08:28 As long as the punishment of the appeal

08:30 is not finalized,

08:32 the punishment will continue

08:34 and all the charges will be on him.

08:36 I

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