"Saray cases ki live nashariyat karna ek acha iqdam hai", Hamid Khan

  • last year
#khabar #hamidkhan #supremecourt #qazifaezisa

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Transcript
00:00 The whole script is preserved here, we know the plot and the characters.
00:06 All the hearings were open proceedings, the whole country saw it and the report was made.
00:13 So what is the issue here?
00:16 If the person who is being questioned or accused does not get a chance to defend himself,
00:24 then what kind of justice will be there?
00:28 The overall facts are not there because the inquiry was not done.
00:35 If the inquiry was done, then all this would have happened.
00:39 But the fundamental question here is that we say that you cannot recommend a judge for removal without preparing a report.
00:52 And all this was not done. If it was done, then all these people were being asked for a chance.
00:59 So this was said by Justice Siddiqui himself that I was told without hearing.
01:05 The same thing was said by Chief Justice of Pakistan today.
01:07 So when you say that the inquiry was not done, at this point you told your client that we should make a team before going.
01:17 Or do you think that you were resisting a little today?
01:20 Yes, the reason is that all these legal issues of ours are not openly discussed in this way.
01:34 This is live streaming, so I will not talk to others by considering them as judges.
01:44 This is between the lawyer and the judge.
01:48 The Official Secret Act is not applicable here.
01:51 Because the FIA has also accepted the In Camera Proceedings on Imran Khan's Official Secret Act.
01:56 And now there is also news that the Official Secret Act has strictly banned the operation of the Cipher case on print, electronic and social media.
02:05 There will be an operation against the person who is protesting.
02:08 This news is being received now.
02:10 It will also be verified.
02:11 Pemra will certainly give a notification in this regard.
02:13 But no such secret act is applicable on your case.
02:16 And on May 31, 2021, during the hearing, you will remember that Justice Ijaz-ul-Ahsan had told you to read the speech.
02:25 You will understand why the reference was made.
02:27 So today you read the script of Justice Siddiqui's speech in the open court and also told us.
02:32 Did you understand why this case was made?
02:34 First see, all that has happened, you have not heard the whole investigation.
02:41 Earlier, all these speeches were read on many platforms, all the answers were read.
02:46 But anyway, the bank at that time, which Mr. Bandyal was heading, did not make any decision on it and kept avoiding the matter.
02:56 Now, after a year and a half, this case has been filed again.
02:59 So, it is obvious that these things were read before.
03:02 It was not read for the first time, but more things were read.
03:06 The name was also read in it.
03:08 Everything happened.
03:09 Now, because the bench is made from a new perspective, the bench is now headed by Justice Qazi Faiz.
03:16 So, a lot of things will be read from a new perspective.
03:19 Since live streaming was not happening earlier, you are saying that why was it not read earlier?
03:25 Earlier, everything was read.
03:27 I want to understand that you are now understanding, even after reading these speeches, why was this case made against Mr. Siddiqui?
03:36 It is very clear.
03:40 Because it was made because Justice Siddiqui openly said this in a speech at the Bar Association.
03:49 And the things that are behind the scenes in this country, it was disclosed.
03:55 So, that is why there were forces involved in this, who did not want that the things that they do behind the scenes with the court,
04:05 or the way they use their influence on the court, they try to take decisions from them, these things should come out openly.
04:14 And this was the attitude of the Supreme Judicial Council that they also wanted to keep secrecy.
04:22 They said that this should be investigated openly.
04:27 In fact, they had given an application to investigate openly.
04:30 So, Mr. Hamid Khan, you have nominated 6 teams, including General Bajwa, General Retired Faiz.
04:39 Now, will they have to come to court themselves?
04:48 No, they will be notified by the court. It is their choice whether to come or not.
04:53 Or they will send their representative.
04:55 Yes, they can send.
04:58 And will this be the first time in our history?
05:02 Minus Zazir Khan case, of course, but now...
05:06 Yes, this will be the first time.
05:08 It will be the first time.
05:10 Yes, because in very few cases before this, the Supreme Judicial Council took notice and did an inquiry or not.
05:20 So, now this matter will be brought to the forefront of the whole nation openly.
05:27 I think that live streaming of this was a very good step by the Supreme Court,
05:34 so that everyone is educated about how to enter the courts.
05:40 And lastly, Mr. Hamid Khan, because the Chief Justice has repeatedly emphasized that
05:47 personalities are the cause of defamation and take wrong decisions.
05:51 It has become a fashion to defame institutions.
05:55 So, when they follow this practice, when the advocates come and answer them,
06:01 do you think that the institution will be affected?
06:05 Is it necessary to keep this divide?
06:08 And will this clear divide be kept in the court that these individuals are defending their own decisions or their actions?
06:15 Look, it is okay that they have an observation.
06:21 But you know that as soon as the institutions are running, it is on the individuals.
06:25 When individuals do wrong, then there is a reflection on the institutions.
06:29 If a judge makes a wrong decision, then the institution is also affected.
06:35 Similarly, if a Prime Minister takes a wrong action,
06:39 then the Prime Minister's office or the institution is also affected.
06:46 Look, sometimes it becomes difficult to make a difference between the two.
06:53 But overall, their observation was correct that the institutions are a neutral thing.
07:01 Now, how individuals use them, the blame goes to the individuals who use them wrongly.
07:10 But having said that, it is also a fact that the institutions are defamed because of their actions.
07:17 And you highlighted perfectly that the judges make decisions and the institution is also seen in a certain light.
07:26 Sir, you can see that we are going through a very extraordinary time,
07:32 open letters are being written, things are coming on the media.
07:36 The Chief Justice said today, in reference to his fellow colleague,
07:41 that we are now aware that if the other records are also given to Justice Nakvi,
07:47 then they should not come on social media.
07:49 You know that Justice Nakvi's case is going on in the Supreme Judicial Council.
07:52 So, a judge saying about his fellow judge that he is aware that whatever is given to him should not come on social media,
07:58 is this also unprecedented?
08:03 Look, there are a few big things in this situation,
08:07 the reference that is being given against Justice Nakvi,
08:10 one thing is that they are running it transparently.
08:14 All the references that were given before this, whether it was of Shaush Siddiqui,
08:18 apart from that, there was another one of Farrukh Irfan,
08:23 there was no transparency in that.
08:25 Transparency is a good thing, everyone becomes careful with it.
08:31 So, all these issues are coming in front of you,
08:35 and they should come, the nation should be educated,
08:38 because Justice Faizul Issa added a factor of transparency in this.
08:44 Thank you very much, Mr. Hanuk Khan, for being with us.

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