#SupremeCourt #IslamabadHighCourt #ToshakhanaCase #ChairmanPTI #BigRevelation
(Current Affairs)
Host:
- Kashif Abbasi
Guests:
- Kanwar Dilshad Former Secretary (E C P)
- Abid S Zuberi (Advocate SCB)
- Jahangir Khan Jadoon (Advocate General Islamabad)
- Shahbaz Khosa (Lawyer)
President SCBA Abid Zuberi's legal analysis on SC's remarks on Toshakhana Case
"Lawyers were not heard in case against Chairman PTI", Shahbaz Khosa made big revelation
(Current Affairs)
Host:
- Kashif Abbasi
Guests:
- Kanwar Dilshad Former Secretary (E C P)
- Abid S Zuberi (Advocate SCB)
- Jahangir Khan Jadoon (Advocate General Islamabad)
- Shahbaz Khosa (Lawyer)
President SCBA Abid Zuberi's legal analysis on SC's remarks on Toshakhana Case
"Lawyers were not heard in case against Chairman PTI", Shahbaz Khosa made big revelation
Category
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NewsTranscript
00:00 Assalamu Alaikum, you are watching the program with Kashif Abbasi. There is a Tosha Khana case, the election commission of Pakistan has a letter from the President of Pakistan.
00:21 In this letter, the President of Pakistan has stated that the election has been postponed for 9 months because the procedure is pending for 6 months. Let's start with Tosha Khana.
00:30 Today, the Supreme Court of Pakistan has concluded the case. The Chief Justice of Pakistan and the bench have given many remarks on this. The debate is whether these remarks should have been given, when there is a case in Islamabad High Court tomorrow and the Chief Justice of Pakistan himself has said that he is waiting for tomorrow's decision.
00:51 In the remarks, it was said that which cases were given to the Chairman of Pakistan Tariq-e-Insaf. This question was asked from the Chief Justice of Pakistan.
01:02 The trial court has called the case three times and has sent the accused to jail after hearing the punishment. The Chairman of Pakistan Tariq-e-Insaf has not heard that the Chief Justice of Pakistan has said this.
01:12 If the accused does not present a witness, the court can request the witness. This was the comment of the Chief Justice of Pakistan. The Chairman of Pakistan Tariq-e-Insaf was not given time to present a witness.
01:23 The trial court has said that the witness is not related to the case. This was said by the lawyer of the election commission.
01:29 In the opinion of the trial court, the decision was given in one day, which was not correct. In the opinion of the trial court, the decision is invalid. Is the hearing of military cases such that the punishment is given in one day?
01:45 The Chief Justice of Pakistan has also said this. Justice Mazahir Naqvi has said that is the right of defense not the right of the accused in the law? It is legally necessary to give the right of defense. This was the answer of the lawyer of the election commission.
01:57 Did the accused say to present a witness? Justice Jamal Mando Khel asked this question. What was the hurry of the trial court that the opportunity for clarification was not given?
02:08 How did the trial court decide on the basis of its own decision? In this way, mistakes have been proven in the decision. The Chief Justice of Pakistan also asked this.
02:18 Justice Mazahir Naqvi asked that are such decisions made in every case? In the end, the Chief Justice of Pakistan said that we are not interfering in this now. Let the High Court decide tomorrow.
02:29 Then we will listen and tomorrow at 2 o'clock the case will be closed. It seems that there will be a lot of turmoil in this Toshakhana case tomorrow. This turmoil will also be in Islamabad High Court.
02:42 And if the decision comes, whatever decision comes, then it seems that this decision will be discussed in the Supreme Court of Pakistan.
02:52 There are two or three basic questions on all these proceedings. Should these remarks be given today when this case is being heard in the court once in Islamabad High Court?
03:04 Mariam Nawaz Shiv Sahiba and Muslim League Noon have already started a series of tweets and statements on this.
03:12 Mariam Nawaz Shiv Sahiba said that the Chief Justice of Pakistan pleading for Imran Khan does not make Imran Khan look good, it makes CJP look bad.
03:24 She tweeted this and in the second tweet, Mariam Nawaz Shiv Sahiba criticized the Supreme Court of Pakistan. If we can run it on TV screens. We do not have it on the screen right now. But when it comes, we will show you.
03:41 She said that if the decision has been heard by the Chief Justice of Pakistan, then what was the need to wait for the Supreme Court yesterday? She raised this question on this case.
03:53 So, one is that should these remarks be given on this case?
04:00 On the other hand, today, Mariam Nawaz Shiv Sahiba said that she has not committed any corruption, but she is trying to save the case of Imran Khan which is being heard now.
04:18 The problem is that whatever case is going on, today, this Tushar Khanna is running, after 4-5 years, many people will be sitting here and saying that there were a lot of violations.
04:28 Like, today, we are talking about the decision of that time. So, how do these violations happen? Why do these violations happen?
04:33 One petition was brought against the Chief Justice of Islamabad High Court in the Supreme Court of Pakistan. He is biased against Imran Khan. He also said that he is trying to keep him away from politics and he is trying to achieve this objective.
04:58 So, our petitioner, Imran Khan, is not being given relief. We have 4-5 paragraphs about Dilawar.
05:05 His post is on Facebook. He denies Facebook and denies posts. What violations did he do?
05:12 We also petitioned the Islamabad High Court. He did not record the evidence of ECB.
05:19 Let's talk about these things. What can happen tomorrow? The procedures are correct. Like, it has been delayed. Many people think that this was a very easy case.
05:29 The punishment is less than 3 years. It is a punishment of 3 years. So, bail should be obtained easily.
05:35 It is not only in this case. It happens in any case. It is obtained but in this case, bail is not being done.
05:41 It seems that one arrest has already been done in the case of Chairman Tariq-e-Insaf, which is a cipher case.
05:48 And in another case, which is a case of the court commander house in Noh, it seems that there is a prelude to this.
05:56 The Election Commission of Pakistan has also called Chairman Tariq-e-Insaf yesterday.
06:00 Those who go to walk in the park in the evening, they said that instead of going to the park in the evening, come to the market in the afternoon.
06:07 These are some interesting developments.
06:12 Thank you very much. Shabaz Khosla is a lawyer. Thank you very much, Shabaz Khosla.
06:18 Abiy Zubaidi is also present with us. He is the President of the Supreme Court.
06:22 Khosla, because he is watching this case of Tosha Khanna, so he will take the guidance from him.
06:30 And he will talk about the letter of the President and the legal matters.
06:35 He has also written a letter to Abiy Zubaidi and Kamal Dalshad, the former Secretary of the Election Commission of Pakistan.
06:42 Mr. Jadoon, procedurally, the press conferences have started from the Muslim League Moon.
06:50 First of all, you tell us how do you see it?
06:52 As you said earlier, this observation should be given on a case.
06:57 My legal opinion is that the Supreme Court should have shown restraint.
07:01 Because the case is already pending. No party or case should be prejudiced.
07:05 Because finally, the appeal will go from the High Court to the Supreme Court.
07:09 Whatever judgment they will give, will be the final judgment. There is no court above the Supreme Court.
07:13 But because they have already filed a case in the other bench, this is the case, but they have not given any such remarks.
07:20 So, a message goes from this, it is not right that the case is already pending,
07:26 there will be a debate on merit tomorrow, then a decision will be made.
07:31 There may be such remarks. It is possible that the case is weak.
07:33 Do you think the case is weak?
07:35 No, the way they come to it.
07:37 We have already told you in the show that the judge was very quick on the last day.
07:43 And this is their, see, a good case too, you always go to the accused with a benefit of doubt.
07:50 This is a settled law of criminal jurisprudence.
07:52 If you see in this case, if you ...
07:54 These points, if they come to the Supreme Court ...
07:56 No, sir, these points should be incorporated in the judgment.
07:59 You have come now, no?
08:00 No.
08:01 I say, this observation should not be given to the Supreme Court today.
08:04 It should not be given, but the points ...
08:06 I will come to it.
08:07 Before we go to Khosla, Mr. Zubairi, what do you think about the proceedings that have taken place today?
08:14 Do you think the decision will come tomorrow first? If you look at it like this.
08:19 Look, the proceedings that have taken place today, the case that the three judges had in front of them,
08:25 that case proceeded, that case has gone on, so obviously their observations will come,
08:29 they will question the case.
08:31 They will say that it will affect him, that will have to be seen.
08:35 The High Court will decide on the case in front of him, the case in front of him on the merits.
08:39 The case in front of them, the judges made their observation on it.
08:43 The three judges, not only the Chief Justice, Justice Mandukhel also asked questions,
08:49 the criminals, they were also lawyers and judges, so the basic question was the case in front of them,
08:56 but they did not issue a decision on it.
08:58 They said, we will see what the High Court will do tomorrow.
09:01 Sir, does this have any influence on the lower courts?
09:03 If such big questions and gaping holes, which are called,
09:09 if the Chief Justice of Pakistan, Supreme Court, if it is made,
09:13 it will have an impact on the lower courts, the High Courts, Session Courts.
09:18 Look, the first thing is that the High Court, the Islamabad High Court is not a small court,
09:22 that is also a constitutional court, sir.
09:24 It is below the Supreme Court.
09:25 Look, they can see from the observations, but the decision has to be made by the judges.
09:28 And look, these observations are not necessary, the judgment should also come in line with it.
09:32 The observations that are coming, the judge is giving observations according to the case in front of him.
09:38 It is not necessary that the case is decided in your favor by those observations.
09:42 So look, the main issue in this, the discussion that is happening from the beginning,
09:45 that everyone can see, that the way the ADJ has decided in a hurry,
09:50 decided in a day, their booklet was not heard,
09:53 the point of their jurisdiction had to be decided,
09:56 we have said this on your channels, everywhere, different booklets have said,
10:00 that the point of their jurisdiction, the point of their jurisdiction,
10:04 which was set aside by the Islamabad High Court, the decision was made on that.
10:07 Then not giving the right to their witness, this is a very serious lapse in judicial,
10:13 that means you have decided without hearing their witness,
10:16 because you were going on leave on 5th, we did not know that day when the judgment came,
10:20 that day, the leave was sanctioned from the next day.
10:22 Because you wait, this was a criminal case,
10:25 you will give the maximum punishment that was given in the law,
10:28 and they will give you your reward.
10:29 It is a three-year punishment, it should be suspended in normal proceedings,
10:35 and the mistakes in this case, that there was no fair trial,
10:38 Article 10 was a violation, this is a case against the jurisprudence of criminal law.
10:43 So, I think this will go to the High Court, the High Court will decide on its own,
10:48 but see, the thing is, the High Court dismissed the application against the judge,
10:54 it was dismissed, but the application, the witness who was not allowed to call,
10:59 was kept pending, and despite that, the judge decided on it,
11:03 and punished Imran Khan Sahib.
11:05 So, see, all these points will come before the High Court.
11:08 See, the case, their punishment, their conviction will end when the appeal will be made,
11:15 but the sentence on which the bail is done, that may be tomorrow,
11:19 but you yourself are saying that in other cases, their arrest was shown,
11:22 even if it is suspended, most probably they will not be released from jail.
11:26 Yes, they will be arrested in some other case.
11:28 Khosla Sahib, a petition…
11:30 See, the way it is here…
11:33 It is a good way, isn't it, sir?
11:35 Shahbaz Khosla Sahib,
11:37 Sir, let's talk about other things, we will talk about merits as well.
11:41 You know, there is a way in Pakistan as well,
11:43 I was saying about Nawaz Sharif Sahib because,
11:46 Nawaz Sharif Sahib said today, see what happened to me,
11:49 and he tells a complete detail whenever he talks,
11:52 that how Justice, General Bajwa, General Faiz,
11:56 they together got me out, got me punished, got me out of jail,
12:00 this is the history of our country,
12:03 we don't learn lessons from this history,
12:06 because we say that I did a big mistake, but what is happening to others is getting better,
12:10 now it is getting better, put this in jail,
12:12 this should not be released,
12:14 the decision should be given against this.
12:16 Till they don't do this,
12:19 these musical chairs,
12:21 with different political leaders,
12:24 this will continue, today someone is crying,
12:26 tomorrow someone else will be, in the coming days someone else will be.
12:29 Khosla Sahib, tell us,
12:31 Sir,
12:32 that you have also filed a request against the Chief Justice of Islamabad High Court,
12:36 in the Supreme Court of Pakistan.
12:38 Sir, we didn't file it, but it was given by us.
12:40 It was given by you,
12:42 if I may say,
12:44 Chairman Tariq-e-Insaaf, he is the petitioner and you are his lawyer.
12:47 This,
12:49 your grudge,
12:51 or grievance towards the courts,
12:54 Islamabad High Court,
12:55 Lower Court,
12:56 and now this request,
12:58 what do you want, what should happen?
13:00 Sir,
13:02 one thing is that,
13:04 my personal view is a little different,
13:06 we have a relationship with the list, not with the judges,
13:09 and our grievance is from the other side, not with the judges.
13:13 But in this case, it is fine,
13:15 Mr. Khan felt this,
13:17 and he said this through his counsel,
13:19 and the way all the things are in front of us,
13:22 keeping them in mind, it was said that the defense's right closes,
13:26 the order comes in one day,
13:28 first the High Court frames the issues,
13:31 frames 12 issues,
13:33 and sends them back to the same judge,
13:35 who has already given his view on this,
13:38 so maybe these grounds were in his mind when he gave this application,
13:41 but,
13:42 I would like to also bring out another point,
13:46 which Mr. Zubairi is my senior, he missed it,
13:48 the Lahore High Court also had a bench judgment in this,
13:51 which already said that no adverse action will be taken against Imran Khan,
13:56 so all this,
13:58 the whole complaint,
14:00 and then arresting him as a consequence,
14:03 these are all adverse actions,
14:05 sir, basically,
14:07 I will say this,
14:09 this is a 3 year sentence,
14:11 if it was not Imran Khan,
14:13 it would have been someone else,
14:15 and in all probability this sentence would have been suspended long back,
14:18 but because here,
14:20 this is something that the leaders of the government,
14:22 of the Mosul League,
14:24 have been saying openly,
14:26 that this will be suspended,
14:27 this will not go on for long,
14:29 that is also the maximum punishment,
14:31 and you will see that his lawyers were not even heard,
14:33 there are so many major jurisdictional defects in this,
14:36 is this election,
14:38 this is basically,
14:40 in the Tosha Khana case,
14:42 the complaint of 6 MNAs,
14:44 was given to Parvez Ashraf,
14:46 which was way beyond limitation,
14:48 within 120 days,
14:50 Sir, but this question was also asked in the court,
14:52 that when does 120 days start?
14:54 Does it start when the evidence comes,
14:56 or the day you submit your,
15:00 Goswara is filed,
15:02 the day Goswara is filed,
15:04 after that 120 days,
15:06 because in that,
15:08 there are around 1000 members,
15:10 and where will there be so much time,
15:12 to do all this in 120 days,
15:14 so such arguments are also coming,
15:16 this decision will have to be made,
15:18 this is,
15:20 see, in my name,
15:22 a decision is made,
15:24 a property is made,
15:26 and someone else comes and files a case against me,
15:28 so this way I keep on getting,
15:30 objections from all over Pakistan,
15:32 this limitation is because,
15:34 everyone should do it within this day,
15:36 within this time frame,
15:38 this was not done by the Supreme Court,
15:40 this was done by Imran Khan,
15:42 against the head of Tehreek-e-Insaf,
15:44 and against the Prime Minister,
15:46 so these 120 days were enough,
15:48 they could have done it,
15:50 but they didn't,
15:52 and we see this everyday in the Supreme Court,
15:54 Sir, what do you think about the seat of Islamabad High Court?
15:56 Sir, I,
15:58 see, the Chief Justice,
16:00 is the first judge,
16:02 before that there are lawyers,
16:04 they become judges,
16:06 we make mistakes,
16:08 we may not be able to plead the case,
16:10 but we expect,
16:12 that the Chief Justice,
16:14 will look at this very carefully,
16:16 and we have,
16:18 Sir, how many judges have been raised against you,
16:20 in written form,
16:22 Sir, see,
16:24 before us, some councils,
16:26 raised this objection,
16:28 we as a council,
16:30 have avoided this,
16:32 we have to go to these courts,
16:34 and we have respectable, honourable judges,
16:36 we expect justice from them,
16:38 all these judges are pressured,
16:40 and these judges have very strong nerves,
16:42 many times they have to tolerate this pressure,
16:44 and the decision,
16:46 should be made,
16:48 according to the law,
16:50 Sir, but what is your plea,
16:52 from the Supreme Court of Pakistan,
16:54 that they should be removed from the case?
16:56 Sir, see, our plea,
16:58 is that these three points,
17:00 which we have spelled out very clearly,
17:02 one is that this is a beyond limitation,
17:04 complaint has been filed,
17:06 second, there is an objection,
17:08 from Lahore High Court,
17:10 and the petition is pending,
17:12 Sir, you are saying that they are biased,
17:14 they want to keep us in,
17:16 they want us not to fight elections,
17:18 you are putting very serious charges,
17:20 Sir, the allegations,
17:22 that the lawyers are putting,
17:24 they will explain it better,
17:26 some people want to keep us in,
17:28 there is no doubt about it,
17:30 I will tell you,
17:32 our petition is pending,
17:34 they want to keep us in,
17:36 they say that I was removed,
17:38 against me,
17:40 I wish they would have told us,
17:42 where and how the Evanfield property was taken,
17:44 and all the other speeches,
17:46 they can do it later,
17:48 this is a small case,
17:50 Tosha Khana's misdeclaration case,
17:52 and if they want to see Tosha Khana's misdeclaration,
17:54 from this angle,
17:56 they should look at themselves,
17:58 what all they have taken from Tosha Khana,
18:00 let's see,
18:02 this decision will come,
18:04 tomorrow the decision will come,
18:06 Zubair sir is saying that tomorrow,
18:08 it will be decided,
18:10 the case is fixed for the argument,
18:12 it is in Islamabad High Court,
18:14 or in the Supreme Court,
18:16 but tomorrow the decision will be made,
18:18 maybe they suspend the punishment,
18:20 then the appeal will be made in the Supreme Court,
18:22 this is the first case in the Supreme Court,
18:24 this is different,
18:26 I will tell you in detail,
18:28 this decision of 3.8 of the Supreme Court,
18:30 the Supreme Court has made a mistake,
18:32 they had one application pending,
18:34 that they are deciding on defence,
18:36 whether they should produce it or not,
18:38 along with that in paragraph 17,
18:40 the Supreme Court says,
18:42 you can go tomorrow and make the final argument,
18:44 because the judge had to go,
18:46 see,
18:48 the judge had to go,
18:50 so he had to give the punishment,
18:52 it is inconsistent,
18:54 he had to go,
18:56 he has put a defect in the case,
18:58 that if you have to go,
19:00 you have to take the evidence,
19:02 I will discard it,
19:04 after hearing it,
19:06 now the Supreme Court is raising the same question,
19:08 tomorrow in the High Court,
19:10 they will have the same argument,
19:12 that we were not given a fair trial,
19:14 my point of view,
19:16 the judge will be brought tomorrow,
19:18 they will bring the evidence on record,
19:20 after that,
19:22 they will have the same argument,
19:24 that we were not given a fair trial,
19:26 so on the basis of fair trial,
19:28 they will have the same argument,
19:30 that we were not given a fair trial,
19:32 we did not produce the witness,
19:34 they were not examined,
19:36 but on the other hand,
19:38 they will have the argument,
19:40 that it is irrelevant,
19:42 even if it is irrelevant,
19:44 it is the right of defence,
19:46 it can be said that they do not believe in your defence,
19:48 it is an irrelevant defence,
19:50 they were examined,
19:52 they will produce the evidence,
19:54 so they will bring the evidence tomorrow,
19:56 if they do not bring it tomorrow,
19:58 they will say that you were given an opportunity,
20:00 you are not bringing it,
20:02 I will close the evidence.
20:04 It was given an hour's time,
20:06 minutes,
20:08 minutes,
20:10 minutes,
20:12 minutes,
20:14 minutes,
20:16 minutes,
20:18 Who do you think you are.
20:30 you are with him
20:44 to the election commission.
20:56 and chief election commission.
21:15 What different? What different?
21:27 What different? What different? What do you think you are?
21:47 What different? What do you think you are?
21:58 What different? What do you think you are?
22:20 the president of Pakistan.
22:26 President. election. of Pakistan.
22:33 election.
22:36 election.
22:39 election.
22:42 election.
22:45 election.
22:48 election.
22:51 election.
22:54 election.
22:57 election.
23:00 election.
23:03 election.
23:06 election.
23:09 election.
23:12 election.
23:15 election.
23:18 president.
23:21 National Assembly. a date not later than 90 days for the date of the for the holding of a general election to the assembly.
23:31 I am article ninety.
23:38 I am article fifty-one.
23:45 uh
23:48 president.
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