Is judicial remand of chairman PTI in "cipher case" legal??
Is judicial remand of chairman PTI in "cipher case" legal??
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00:00 Do you think it is suspicious that it is one case or another or another political?
00:04 I think that in recent past this thing has been used more than limit.
00:10 And Chairman NAB was also blackmailed and blackmailed so much that cases were made against his political opponents.
00:18 There was a golden opportunity with the previous government,
00:22 that is, the government of PTI, that when there was no confidence at that time,
00:26 they would have sat in the opposition and would have made the law and would have made a charter of the republic,
00:34 or would have made a charter of the politicians and would have finished all the laws that could be misused.
00:45 They would have finished the wrong decisions of the Supreme Court in the last ten years.
00:50 All these things were not done and the result of this was that there was a divide in the court.
00:55 Judges were seen fighting among themselves in the political arena and Pakistan's legal order was in severe chaos.
01:03 And it is still in chaos and this has to be solved.
01:06 But Irfan Qadir, what we are saying after three years from today is that if the previous government of Shabaz Sharif did not do this,
01:13 if it had done the charter of democracy with everyone, then this would not have happened.
01:16 Somebody has to take that first step. Do you think that no one wants to do this?
01:20 Everyone wants to listen to their opponents.
01:23 No, no, no, no. Look, this is wrong that you listen to the opponents.
01:29 All the political leadership has to come together.
01:32 The next parliament has to come together and make the charter of justice.
01:37 The monopolies that have been created have to be finished and the law will be the same for everyone.
01:43 It is not that whoever is in power should run after the other.
01:47 And for this it is necessary that both sides have to meet each other.
01:51 What is happening here is a hide and seek.
01:53 That when a fight breaks out on one side and then someone goes and takes the support of the judiciary,
01:59 and then someone goes and hides behind the establishment, then all the stakeholders have to come together.
02:04 If we deny this reality, then I think we will always be in a misunderstanding.
02:15 Everyone has to come together. This is fine.
02:17 Mr. Rai, there is another legal point.
02:21 Nazim Hussain Siddiqui, as Chief Justice of Pakistan, wrote in his 2004 decision that remand is not to be granted automatically.
02:29 If the police request this, remand order would be illegal if at the time of its passing, accused was not produced before the court.
02:37 Do you think that the remand that has been issued today is illegal?
02:44 How did this remand happen? Was Imran Khan presented in court?
02:50 Was anyone given a chance to oppose that remand?
02:54 If this did not happen, then this is completely illegal.
02:58 See, giving a remand is a judicial action. This is not something to be put on the spot.
03:04 The accused is presented in court, the reasons for the remand are told.
03:09 The accused's lawyer is given a chance to oppose the remand. There are no arguments in opposition.
03:14 If this does not happen, then the case of Suhra Bibi is also in front of us, where the Supreme Court has said very clearly that it is not necessary to arrest in every case.
03:24 You have to tell some reason for that too. Just filing an FIR is not enough reason to arrest someone.
03:32 So, after filing an FIR, arresting and remanding are all things that are part of legal action.
03:39 And the method of remand given in the law should have been followed.
03:45 Irfan Qadir, the judge of the Supreme Court, the Court of Appeal, said that
03:54 accused Imran Ahmed Khan Niazi is hereby ordered for judicial remand in case FIR mentioned above,
04:02 who is already detained in District Jail, Attock.
04:05 In your opinion, can this remand be done without appearance?
04:10 See, there should be strict reasons for remand.
04:14 If you give a remand as a matter of routine, then obviously,
04:18 the authority that has to give a remand should look at it with full attention.
04:27 Remand should not be granted mechanically.
04:30 And to this extent, I agree with Salman Raja.
04:33 In this case, has such a mechanical exercise been done or not?
04:36 In my opinion, that remand order has not yet passed.
04:39 When I see it, I will shed more light on it.
04:42 Sir, I will read it to you. It is a remand order of three lines.
04:45 Abul Hasnat Muhammad Zulkarnain, this is the judge of the Special Court No. 1, Anti-Terrorism.
04:51 He said, "To the Superintendent of District Jail, Attock, the accused Imran Ahmed Khan Niazi,
04:55 son of Ikramullah Khan Niazi,
04:57 Lahore is hereby ordered for judicial remand in case of FIR mentioned above,
05:01 who is already detained in District Jail, Attock.
05:04 You are hereby directed to keep him in judicial lockup and produce him on 30th of August before this court."
05:11 Imran Khan was not presented to the judge.
05:15 If he was presented, we would have given evidence as to why remand should not be done.
05:18 This is an order behind his back in a closed room.
05:22 This is a strange remand order.
05:25 Irfan Qadir, Raja sir says that this is a strange remand order which has not been presented.
05:31 Look, when the facts of a case come before the judges,
05:35 they apply their mind during the remand.
05:39 After that, they decide whether the facts were there or not.
05:44 It is not necessary to give all the reasons in remand order.
05:49 But there should be satisfaction and facts should be there whether they are written or not.
05:55 Whether the facts are there or not,
05:57 if the facts are not there and remand is given,
06:00 then they should challenge and tell the higher court that
06:03 this remand order is given for a mechanical reason,
06:05 so definitely the higher courts are present and will set aside this.
06:09 But to say that the remand is given for a mechanical reason,
06:14 then there is no need to give all the reasons in remand order.