9 May ke mjrman ke itrafi bayanaat. pti ke liye kitna nuqsaan da? Hafiz Ahsaan Ahmed
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00:00Senior Qanundaan, thank you very much for joining us, Mr. Hafiz.
00:03Mr. Hafiz, first of all, tell us, the PTI is saying that how are civilians being trialled in the military court, is this illegal?
00:12Is this illegal or not?
00:14It is not illegal at all.
00:16And during the time of PTI, there were about 25 people who were trialled in the army court.
00:23This is an ongoing process.
00:25From 1967, when this amendment was passed, in which you can try civilians in the military courts, 2D1, 2D12, section 59, etc.
00:35Now, which civilians are there?
00:37In civilians, there are those who are your alien enemies, that is, they come to Pakistan and fight.
00:41There are Indians and there are terrorists from other countries.
00:44Secondly, there are those people who work in the army, there are civilians in the intelligence agencies.
00:51After that, when a common citizen of Pakistan fights against the state or violates military laws,
00:57So where does the political burden come from?
00:59Or the retired army officials come.
01:01Now see, the political workers have come in a dichotomy.
01:04And that dichotomy is that there was a 9th wave incident in front of you, which was seen by the whole of Pakistan.
01:10And there were outbreaks in more than 62 military, government or public places in Pakistan.
01:16And above that, there are two laws in your country.
01:19One law is that if you have done such an event somewhere,
01:23From which a sensational has come in society or in that area, then it is your anti-terrorism law.
01:28And the second one is that if you have done military installations in notified areas,
01:34Or if you have violated the parameters of the Official Secret Act,
01:39Then you will go under the Pakistan Army Act and then you will go under the military courts.
01:43Now this case has been going on from 1967 to 2023.
01:49And in the Supreme Court of Pakistan in 1975,
01:52They validated the trials of these civilian military courts for the first time.
01:57That it is neither a violation of fundamental rights, nor is there any discrimination in it.
02:01Rather, they said that special laws can be made for a special environment.
02:06And you can run a special procedure or special court in it.
02:10And in the 35 countries of the world, you have military courts.
02:13And in the military law of every country, there are courts and tribunals in some places.
02:17But the Supreme Court stopped it two and a half months ago.
02:19No, no, it didn't happen.
02:20After that, it was suspended.
02:21No, you see that since 1975, the Supreme Court has consistently tried all the military courts in Pakistan.
02:28Whether it is the government of the People's Party, the government of PMLN or the government of PTI.
02:33In all those periods, they have been upholding those convictions,
02:37Sometimes suspended, and sometimes confirmed.
02:40But it never happened that your Supreme Court,
02:44In the last 62-63 years,
02:47The law was ultraviolet in October.
02:51The Supreme Court of Pakistan has called the law ultraviolet.
02:55And after that, many judgments have come and things have been going on.
02:59Now, when this whole situation came in May 9,
03:02And another unique principle of the law is that
03:05When the Supreme Court, which is your biggest court,
03:08If it makes something ultraviolet,
03:11That is, it is not against the law or the constitution.
03:14So if after that, the bench of the Supreme Court wants to revisit it,
03:18Then the equal bench cannot do it.
03:20The equal will have to be followed.
03:22And the Chief Justice will have to be sent to the larger bench.
03:25And this very present Chief Justice, who was part of this bench,
03:27Who came to the judgment from 4-1,
03:29He also said that since the decision of the five-member bench has come,
03:32If we want to revisit it, then we should write to the Supreme Court Chief Justice,
03:36Which was not accepted.
03:38The second was that if the Supreme Court of Pakistan thought in 2023,
03:42That the law of 1967 is ultraviolet,
03:46Or it is not in accordance with the constitution of 73,
03:49When in the constitution of 73, it is also protected in Article 8,
03:53And in Schedule 1, these three laws of the Army, Air Force, and Navy,
03:59And after that, your five-member bench, seven-member bench,
04:02Then the 21st Constitutional Amendment came,
04:04Even in that, the military courts that had to be tried,
04:07Which is the Army Public Court,
04:08Even those were validated by the 14-member bench of the Supreme Court of Pakistan.
04:14Now the question arises that the confession that has come,
04:17A little while ago, Sheikh Waqas Akram was saying that
04:19There is no value for it, there is no status for it,
04:21Certain legal protections should be completed in it,
04:24In this way, any statement should be taken with a lot of effort.
04:26Now, what is the legal status of those statements?
04:28Quickly, 30 seconds.
04:29One thing I would like to say is that,
04:30This confessional statement that has come in front of you,
04:33This is the statement that is already being corroborated,
04:37See, the boys or the people who have been accused,
04:40Who have been announced the sentence by the Supreme Court today,
04:43There is also forensic evidence against them,
04:45There is also geo-fencing,
04:46There is also a play-up on their own social media,
04:50Their friends who were present at that time,
04:52They did it,
04:53So those things that have come,
04:54Their confessional statements,
04:56You may have seen some of them today,
04:58All of them are based on the actual direct evidence,
05:01In which they were present there,
05:03And they went there and did lawlessness,
05:06Violations of the law,
05:07So there is one such case,
05:09When your trial has not taken place,
05:11And before that,
05:12If there is any confessional statement,
05:14If it comes under the study of the police,
05:15Then it is a different matter.