"Yeh Muqadma Retrail Mein Jayga Agar...", Ashtar Ausaf
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00:00 First of all, tell me, sir, that in the first Cipher case, the right to defend was abolished,
00:06 and now in the Toshakhana case, the right to defend was not given.
00:09 Are these normal practices?
00:11 Do courts work like this in our country?
00:13 And is the aspect of the court's discipline related to this decision,
00:16 Imran Khan's statement of Article 342, not recorded?
00:19 What do you say about that?
00:20 This will be known from the record, because all this is being said on the spot,
00:26 that the right to defend was abolished and the statement was not recorded.
00:32 So we will have to see the record to see what is in the record.
00:35 If this is the case, then it will have to be retried.
00:42 And if this is not the case, then it will be just propaganda.
00:48 It will not affect the judgment if the right to defend is not abolished.
00:56 Sir, this is big news from you, that if Article 342 is not recorded,
01:01 and the right to defend is abolished, then it will go to retrial.
01:07 But sir, is it normal to hear 18 and 12 hours?
01:11 Yes, you have written that in Supreme Court also, 12 hours of hearings were held.
01:18 And in cases also, many hours of hearings are held.
01:21 And I think that it should be like this, that the courts go on 3-3 months leave.
01:30 Because of that, cases are re-tried.
01:36 And the cases are not decided in years.
01:41 And the cases are not decided in years.
01:46 And the cases are not decided in years.
01:51 And the cases are not decided in years.
01:56 And the cases are not decided in years.
02:01 In the last election, the cases against Nawaz Sharif were shown to us as soon as possible.
02:06 And it was said that it was wrong.
02:09 Only our cases were being heard and it was going at a speed of 190.
02:12 He was punished two weeks before the election.
02:15 It was wrong then, but today, in the light of which it is happening, is it right?
02:19 How?
02:20 Look, what you have said, one thing has come out of it,
02:23 that all the cases of politicians are kept on fast track.
02:27 And they are being heard. So what does this mean?
02:31 The trend is that if there is a case of a politician, then it will be heard soon.
02:35 And if it is a case of a common man, then it is taken to the court.
02:40 So this is not a discrimination.
02:44 In any case, more courts should be made in my opinion.
02:49 The hearings given in my opinion should be in every case.
02:53 And every accused has the right to be re-tried.
02:56 But the question is whether the trend is right or wrong.
02:59 Day to day hearings are being held for some cases and not for other cases of the same nature.
03:02 As we said in the beginning.
03:04 But the basic demand of a fair trial is that the accused should get a chance to present a witness in his favour.
03:09 He should also be able to be a lawyer.
03:11 Article 13 says that you can be a lawyer of your own choice.
03:16 Article 9 says that you will be a lawyer.
03:19 Article 10A is part of the Fundamental Rights Act.
03:27 Every accused has the fundamental right to be a lawyer of his own choice.
03:33 Similarly, the prosecution has the fundamental right to present its case in its own way.
03:40 The Specific Relief Act says that higher courts, civil courts and other courts cannot interfere in this case.
03:53 So we will get to know from the records how the case will be handled.
04:01 If there are any procedural informatives in this case, the case will be re-tried.
04:08 If there are no procedural informatives and the verdict is correct, then the case will be appealed.
04:15 I don't see any other outcome.
04:19 Sir, the verdict of 31 January, Toshakhana Naab, 30 January, Cipher, 5 August 2023, Election Commission, Paujdhari case,
04:28 these are not the defendants.
04:31 But what does it mean to get so many sentences in such a short period of time?
04:38 The case will be appealed only after 1.5-2 years.
04:41 By then, a lot of water must have passed under the bridges.
04:44 The case was appealed in a short period of time.
04:53 I don't see any other outcome.
05:01 The case of Mr. Ashtar Usaas, Mr. Mia, Mr. Zardari and Mr. Gelani is also going on in Toshakhana.
05:21 Why don't you see any speed in them?
05:23 If the case is appealed on 13th February, it is the election period.
05:31 It is a good thing that the case will reach its logical end.
05:38 Why is the delay in the case?
05:44 The trial court is not allowed to make a brief decision.
05:54 It can make a brief decision only after the case is appealed.
05:59 The trial court does not have the right to make a brief decision.
06:04 The Supreme Court and the Supreme Court should not make decisions.
06:14 The decision should be made after the case is appealed.
06:19 The verdict was given verbally.
06:23 Judge Abul Hasnath left yesterday.
06:25 The verdict was given today.
06:27 He was very sick 24 hours ago.
06:29 The verdict was given but the case has not been appealed yet.
06:32 On what basis will the appeal be made when the verdict has not been given?
06:35 The appeal will be made on the basis that the verdict has been given.
06:41 Remember that in criminal appeals, you do not have to see long and broad statements.
06:49 It is the argument or the basis of the record.
06:53 You do not have to see arguments.
06:56 You have to see three things.
07:02 The verdict should not be based on facts and laws.
07:10 The second sentence is excessive.
07:13 The third sentence is that we did not get a trial.
07:15 These are the three grounds.
07:17 You have to elaborate on the arguments.
07:21 Do you think there are chances of being remanded?
07:26 Are there any objections to the court's decision that the verdict has not been given?
07:31 The court will be able to see how the verdict is made.
07:37 The PGI and other officials are not even asking for a remand.
07:48 They are just saying that they are seeing the procedure and infirmities.
07:52 If the procedure and infirmities are there, then the case will start from where the procedure and infirmities are.
07:59 This will not benefit them but will cause losses because the prosecution will not be able to make it stronger.
08:05 It's very interesting. Thank you very much, Tony General.