Military courts case in the dock of the Supreme Court's constitutional bench - Raja Mohsin Ijaz
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00:00Welcome back, Rahim Hussain.
00:02You are raising very tough questions.
00:04What is your understanding?
00:06Last week, we faced very important questions
00:08on a daily basis from the side of the bench.
00:10Especially, the fundamental question
00:12that there is a method of trial
00:14in the military course,
00:16that question was repeatedly asked
00:18by the members of the bench
00:20to tell us what is that method?
00:22Especially, the remarks
00:24given by Justice Musarrat-E-Ilahi
00:26at the beginning of the session
00:28that the officer who trials
00:30does not make the decision himself,
00:32rather he sends his commanding officer
00:34to the case,
00:36then he makes the decision.
00:38Along with this, questions were raised
00:40that what is their legal ability
00:42in writing this decision?
00:44On this, it was told by Khawaja Haris
00:46that JAG branch
00:48guides in this matter
00:50and helps in writing the decision.
00:52And different
00:54military courts
00:56questions were raised
00:58regarding the trial.
01:00Fundamentally,
01:02Khawaja Haris tried to
01:04satisfy the court.
01:06But during this week's session,
01:08Justice Naeem Akhtar Afghan
01:10gave remarks that
01:12it seems that your preparation
01:14is not complete.
01:16Today, Justice Musarrat-E-Ilahi
01:18raised very important questions.
01:20Along with that,
01:22very important questions were raised
01:24in which he was asked
01:26from Khawaja Haris
01:28that Khawaja Haris,
01:30please tell us
01:32which military court
01:34you have selected
01:36for the trial?
01:38On this,
01:40Additional Attorney General
01:42told the court that
01:44the 105 people
01:46who were present
01:48were trialled in military courts.
01:50On site?
01:52Yes, on site.
01:54One question
01:56was asked.
01:58There were some women
02:00who were trialled in military courts.
02:02But the fundamental question
02:04was that
02:06all the incidents
02:08that happened
02:10in the past
02:12were trialled in ATC.
02:14And these incidents
02:16in military courts
02:18were individual incidents.
02:20This was the fundamental question.
02:22The most important question
02:24was that
02:26you said that
02:28they should be transferred.
02:30Has there been any detailed judgment
02:32or evidence?
02:34Has there been any evidence
02:36or judgment?
02:38The questions that
02:40you are raising
02:42were also raised by the bench.
02:44In response to all these questions,
02:46Khawaja Haris said
02:48that he will assist the court
02:50in the second phase
02:52of his arguments.
02:54As of now,
02:56he has not raised
02:58any clear questions.
03:00This question was raised
03:02by Justice Jamal Mando Khair
03:04and he said that
03:06he has 38 years of experience
03:08and he still does not
03:10consider himself perfect.
03:12Tell me,
03:14the officer who punishes
03:16a person who can even
03:18be sentenced to death,
03:20how can he
03:22punish such a person?
03:24Then,
03:26there was a mention of
03:28a former army chief,
03:30Gen. Musharraf's
03:32hijacked plane.
03:34Justice Musharraf Hilali
03:36said that the airport's lights
03:38were switched off
03:40and the plane was
03:42asked to leave.
03:44I would like to ask you
03:46about what Hasan is saying.
03:48Obviously,
03:50there is a GHQ gate
03:52where the people
03:54were killed.
03:56So,
03:58was there a case
04:00filed against him?
04:02He said that
04:04he was repeatedly asked
04:06if there was a case
04:08filed against him.
04:10No,
04:12there was no case
04:14filed against him.
04:16He was repeatedly asked
04:18if there was a case
04:20filed against him.
04:22Today,
04:24there are trials
04:26in the military courts
04:28internationally.
04:30There was a case
04:32filed against Kulbhushan
04:34in the military court.
04:36After that,
04:38the case went to the High Court
04:40and they said that
04:42the International Court of Justice
04:44accepted the case
04:46and the trial.
04:48However,
04:50the question of the judges
04:52is that,
04:54on one hand,
04:56they were asked
04:58why the military chief's
05:00hijacked plane did not
05:02go to the military court.
05:04On the other hand,
05:06Jamal Mandokhil said
05:08that the hijacking
05:10was an official attack.
05:12The point is that,
05:14whatever the Supreme Court
05:16decides,
05:18if they say that
05:20there is no trial in the military courts,
05:22then there will be a retrial in the ATC.
05:24But, whatever has been cleared,
05:26has been cleared.
05:28Obviously,
05:30this case is still going on
05:32and the decision will be made.
05:34See you on Monday.