Advocate Hafiz Ehsan ka aehm Tajzia |
Advocate Hafiz Ehsan ka aehm Tajzia |
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00:00 Hafiz Ehsan is with us, a law expert.
00:03 Hafiz Ehsan, the way the verdict has been given,
00:06 and the complaints that the right to defend was not given,
00:09 the time for the statement of Article 342 was not given,
00:12 the Vukla team in the Saifar case is saying how quickly the matter was erased,
00:18 so you are seeing that justice is being seen here a little too fast,
00:22 so is it fair or do you think that the PTI will take all the precautions?
00:28 In the name of Allah, the most Gracious, the most Merciful.
00:31 Thank you very much for giving me the opportunity.
00:34 There are two aspects to this case.
00:36 One aspect is the legal aspect and the other is the procedural aspect.
00:44 If we talk about the legal aspect,
00:46 then two things came under this reference.
00:49 One is the reference that was filed by the Naib in December 2023.
00:54 It was said that the gifts that you took as a Prime Minister in 2018-19,
01:01 108 gifts came and 58 gifts were retained and the amount was deposited against it.
01:10 And when that process was adopted,
01:13 then it came to light that the value in the process was not declared,
01:18 and that value was of billions of rupees, which was undervalued and retained in 142 million.
01:26 Now when these things went into the inquiry state,
01:30 then their explanation was asked,
01:32 but for this, a political narrative came up instead of a legal narrative,
01:37 and it was said that since the previous president also did the same,
01:42 and after that our former Prime Minister also did the same,
01:47 then this is not a strange thing.
01:49 But the important thing in this was that when you had a moral narrative and a legal narrative,
01:56 that we have come to this country to uphold justice,
01:59 we have come to change this country,
02:01 then as a Prime Minister of Pakistan,
02:03 it was your great responsibility that you did not do those things that other Prime Ministers or presidents have done,
02:10 and you stood on that legal standing that I will not keep these gifts,
02:14 and nor will I take these gifts with me undervalued.
02:17 Now, when two things were made against you,
02:20 which came under Section 9,
02:22 when it came to the evidence,
02:24 then when the things on the evidence were reassessed again,
02:28 then you must have seen that even today,
02:30 the fine of 78 crore rupees has been filed,
02:33 that same gap you will see,
02:36 that the gap that was reassessed again,
02:38 then these values came in it.
02:40 And the second punishment given under Section 15 is a 10-year disqualification,
02:45 that is also present in the law,
02:47 that if you are convicted under Section 9,
02:49 and the 14 years that have been given in this case,
02:52 then you can be disqualified.
02:54 And the same applied in Section 9 and 10,
02:57 that was also in the case of Mian Nawaz Sharif,
02:59 and he was disqualified.
03:01 Now, the thing that has come forward is that,
03:03 because the biggest problem is coming,
03:05 in all the exercises of PTI,
03:07 that instead of legal narrative,
03:09 they take political narrative forward,
03:11 and when they take political narrative forward,
03:13 then your moral standing also gets left behind,
03:17 and the way the case should have been fought,
03:19 it was not even fought.
03:21 And instead of that, the case was put in the process of lingering,
03:24 and now see in this case also,
03:26 that a simple thing was not done.
03:28 I am sorry to interrupt, but one question is also there,
03:30 that the statement of 342 was also to be made today.
03:32 Along with that, the spokesman of PTI,
03:36 he has to say that,
03:38 he had to give his final closing remarks today,
03:40 he had to give his final closing,
03:42 he was not given his right, so how do you see this?
03:44 Now, let's come to the procedure of that thing,
03:48 there is no doubt that your criminal procedure code,
03:51 or constitution, which is Article 10A,
03:53 and Section 340,
03:55 it gives full right and authority to each one,
03:58 that they should be given the counsel of their choice,
04:00 they should be given the right for cross-examination,
04:03 because three things are very important,
04:05 for any criminal trial.
04:07 One is, after the charge screen,
04:09 the evidence of prosecution,
04:11 after that, the accused's right of defense comes,
04:13 along with that, you have to do the jury,
04:15 and then the statement of 342 comes,
04:17 and then after that, you come after making arguments.
04:20 If all these things, like they have come in haste,
04:23 or are visible, the way they are going,
04:25 if they take this and go only to the High Court,
04:28 and say that we did not get the chance,
04:30 or the kind of evidence we should have supported,
04:33 or the kind of evidence we should have valued,
04:35 we were not given that,
04:37 then Section 342 will be very important,
04:39 because in this, the former Prime Minister
04:41 and his wife have taken the stand.
04:43 Because two things are important in Section 342,
04:45 that why was the case filed against you,
04:47 and what is your defense.
04:49 If that defense is plausible,
04:52 and this process is not followed,
04:55 if this is done in Islamabad High Court,
04:57 then there are many chances that
04:59 these convictions will be remanded,
05:01 and the trial court will be told
05:03 that they should be given the right to cross-examination,
05:05 and their counsel should be given,
05:07 and possibly a court will say
05:09 that this should be taken in time-bounded,
05:11 because the trial court was observing,
05:13 that they are observing in that process.
05:15 So if we go with the legal strategy,
05:17 then this can be reversed,
05:19 but if we take it in political narrative,
05:21 then the way the decision of other cases has come,
05:23 similarly these convictions can be sustained.
05:27 Okay, stay with us.
05:29 (speaking in foreign language)