IHC declares PTI Chief’s jail trial in cipher case ‘illegal’ - Law Expert Qaiser Imam's Reaction

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#ChairmanPTI #CipherCase #ShahMehmoodQureshi #IslamabadHighCourt

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Transcript

00:00 Now the decision has been made that the notification of the 29th of August jail trial has been declared illegal.

00:06 We have with us, Mr. Kaisar Imam, how do you see this decision, the notification of the 29th of August jail trial has been declared illegal?

00:15 Look, as far as this notification is concerned, the basic ground that the federal government had mentioned,

00:23 that ground was with respect to the security.

00:27 And the administrative issues with respect to the specific accused, presenting them and all those matters.

00:34 So I think that the challenge was also made on the same thing.

00:40 When a jail trial is held, one thing is inbuilt in the trial that it is not an open trial.

00:49 So open trial means that when a person is being tried in the court, anyone can come and listen to him, anyone can see him,

00:58 how are his proceedings going on, even a common man, even a common citizen can go and see.

01:04 This is the concept of open trial.

01:06 And I think that Article 10A also says that when a person is being tried, it is to ensure that justice is being done,

01:16 that is why the trial is kept open.

01:19 So in the jail trial, this inbuilt thing that this was not an open trial,

01:24 the common man did not have access to how this trial is going on.

01:30 So I think that touchstone will be there, plus the administrative laws that are there everywhere,

01:36 whatever notification is being done, there are certain things that are being ruined.

01:42 So I think that this thing has been satisfied by following them.

01:46 Okay, so how will this case proceed?

01:50 The judge will make a simple difference that the person who used to go to jail earlier,

01:58 and there is a court in jail, where the presiding officer calls the witnesses in the same way,

02:03 and the process is followed, the presiding officer will not go to jail,

02:10 but the accused will come to the court and the class will be presented in the court and will be tried.

02:15 Only the place of trial has changed, nothing else has changed.

02:19 Okay, Mr. Kaisar Imam, the approval of the Vifa Kabina will not be on the trial of the past.

02:25 This has also been said on the basis of Islamabad High Court,

02:27 and the official secret of Islamabad High Court has also been corrected by the judge.

02:33 How do you see this point?

02:35 Actually, that point was about the cabinet,

02:39 and we say that there are some concepts on the administrative side that we call post facto approvals of different things.

02:47 Post facto approval is a different thing, but the implementation of something retrospective is a completely different thing.

02:55 So the Vifa Kabina has a retrospective application of this particular case,

03:02 the court has said that it is not correct that any such thing has come to you today,

03:10 that summary or case has come today and it has been said that we have been applying for the past three months,

03:17 we want to apply for that date, so you approve it.

03:21 So the date on which the case has come before the cabinet,

03:25 it will be applied in the prospective concept beyond that case, not in retrospect.

03:30 This is the point that the court categorically said that there is no concept of retrospective applicability,

03:36 it is not present in the law.

03:37 The second thing that the court said was that under the Official Secrets Act,

03:42 the judge was nominated by the federal government with consultation.

03:47 The controversy over it was that to the extent of the provincial high court,

03:53 the relevant Chief Justice is consulted with them.

03:56 The controversy in the Islamabad High Court was that if the Islamabad High Court is considered a federal high court,

04:03 then the approval of the Chief Justice is correct and consultation with him is correct.

04:08 But if this is not a federal court, it is relevant to the ICP, then with whom should the federal government consult?

04:16 So there was some ambiguity over it, a proposition was created that in the federal,

04:22 you should consult with the Chief Justice of Pakistan.

04:25 But the Islamabad High Court, while clearing it, said that the consultation with the Chief Justice of the Islamabad High Court,

04:32 Sahasri Gautam, he interpreted it.

IHC declares PTI Chief’s jail trial in cipher case ‘illegal’ - Law Expert Qaiser Imam's Reaction

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