Analyst Muneeb Farooq's analysis on Chairman PTI's Cases

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Transcript

00:00 You are interpreting this as a small clerical mistake or a human error.

00:07 Do you think this is a big deal?

00:09 When Mr. Khan's decision to go to the Tosha Khana has been terminated,

00:14 the decision was not terminated.

00:15 And the written statement was written about the punishment, not the decision.

00:20 Although later, before the decision was terminated,

00:23 it was verbally stated that we want the decision to be terminated,

00:25 and if you say, we will write it down.

00:26 But the court did not entertain it.

00:28 Otherwise, this would not have been necessary today.

00:29 And the decision would have had a big impact that the sentence was terminated.

00:33 You will call it actually a clerical mistake or you will call it a blunder?

00:38 Look, Mr. Rami, thank you very much.

00:41 I think it would be very harsh if I criticize someone's legal acumen

00:48 or someone's legal thinking or legal approach.

00:54 Normally, I will tell you as a joke,

00:57 in doctors and legal professions and in many places,

01:00 if there is a case, they say that the old lawyer or the old doctor has spoiled it.

01:04 I will fix it.

01:05 It is a simple process.

01:07 But I cannot cast aspersions on anyone.

01:11 Yes, I do say that the common practice that we see

01:15 that the punishment is terminated.

01:18 And the decision against Imran Khan had to be terminated.

01:23 Okay, I had my own reservations that the decision would not be based on the law and the touchstones of the law.

01:30 And I had a reservation in that.

01:32 Even when he was being remanded again and again from the High Court to the Trial Court,

01:36 I had a feeling that some things should not have happened.

01:39 But having said that, I think the important factor was that

01:43 this was a very ambitious thought or idea that we have to get the decision terminated.

01:50 I do not think that the decision was terminated so easily.

01:54 At first, I thought that it was not going to happen.

01:56 Yes, I thought that it was not going to happen.

01:58 And obviously, Mr. Khazara is a senior lawyer.

02:00 I understand that he is from your profession.

02:02 So, that respect is in its place.

02:04 But tell me, is it right to give this impression that the punishment was terminated?

02:10 Almost for all practical purposes, the decision was terminated.

02:13 I mean, you have put a tag unnecessarily.

02:15 I am saying this in my own words.

02:17 No, brother, what happened? There is a big difference between being punished and being terminated.

02:21 How are you giving this impression that if the punishment was terminated,

02:23 the decision would have been made? It is almost the same.

02:25 Look, if you look at it, its nature is a practical work.

02:32 A person has been punished.

02:33 Imran Khan sir was punished and he went to jail.

02:36 Now, the important thing is that the decision was terminated, hence he got bail.

02:40 Right.

02:41 But where such orders come or where such decisions are made,

02:45 there are two aspects in it, which I see.

02:48 One aspect is that you are being punished.

02:50 The second is that you have been sentenced.

02:52 The action on punishment is stopped.

02:53 The decision is in its place and it remains.

02:56 There are other types of cases in which a decision has been made by the lower court.

03:03 The execution of that decision is stopped.

03:06 That okay, a stay order has come or a status quo order has come.

03:09 These are normally taken.

03:10 In civil matters, this is a very common practice.

03:13 Or it is such a case that the FIR was stopped.

03:16 Once upon a time, there was a big concept of 22-22.

03:18 The order was from the bottom.

03:19 They went up and challenged the high court and stopped its execution.

03:23 The FIR was stopped.

03:24 The problem here is that a punishment has been done.

03:27 How was it terminated?

03:31 It has been terminated by virtue of conviction.

03:33 And punishment is an additional factor with it.

03:35 It is also a punishment.

03:36 It is present with it.

03:38 The punishment has been terminated.

03:40 It is present due to conviction.

03:42 So conviction is such that it cannot be put in abeyance.

03:47 Or that order cannot be suspended.

03:49 And as far as I know, from the top of my head, I remember that this has never happened.

03:56 Because if you look at the decisions of Maryam Nawaz Sharif Sahiba or even when she was of Mian Sahib,

04:02 All of them were of Sardar Sahib.

04:04 These people have been punished.

04:05 Punishment is not necessary.

04:06 There is a little smile in this.

04:08 I welcome you in the meantime.

04:11 Thank you very much.

04:12 Daniyal Aziz is with us.

04:13 Thank you, sir.

04:14 I will come.

04:15 I will be back in a minute.

04:16 The most fundamental thing in this is the law.

04:18 It is 426 CRPC which is involved in this.

04:21 Under which the sentence has been done.

04:23 And our first application is in the 426 application under the appeal.

04:28 There are two things in it.

04:29 One is sentence and the other is order.

04:32 So sentence and order, there are thousands of judgments on it.

04:36 So it is almost the same thing.

04:37 It is not almost.

04:38 It is not the same.

04:39 It is exactly the same.

04:40 It is written in that section that sentence and order can be suspended.

04:45 And here we have given the case of Javed Hashmi.

04:49 Javed Hashmi was punished and his conviction was suspended.

04:53 Then there was the case of Sikandar Riaz Bosan Sahib from Multan, MNA.

05:00 What happened in Eminfield with Nawaz Sharif Sahib?

05:02 Sir, leave Eminfield.

05:03 I am talking about the law.

05:04 You have always given 100 references to Eminfield.

05:06 Eminfield has done all the politics in the last 5 years.

05:08 Leave it.

05:09 No, his disqualification was not because of this.

05:13 His disqualification was 61 F.

05:15 So it is 61 F of Supreme Court.

05:16 That is another thing.

05:17 It was a great decision.

05:18 That is another thing.

05:19 It cannot be compared with this.

05:21 But his disqualification was not because of this.

05:23 He was in jail on this.

05:24 Look, here it is to say that going to jail, that sentence was suspended.

05:30 Why it was not done?

05:31 Because the quantum of punishment was too much.

05:35 So how much is this punishment?

05:37 It is 3 years punishment.

05:38 3 years punishment, this concept of suspension of sentence, where did it come from?

05:43 It came when the punishment is long.

05:45 Then, because normally appeals take time and there is a process in it.

05:49 So it should not be that when the appeal is decided and the acquittal is done,

05:52 the time is over.

05:53 The time is over.

05:54 So that is why it is suspended immediately.

05:57 That punishment of Khan Sahib, which is done in a day by a normal person,

06:01 without any preliminary process, here it happened after a month in jail.

06:07 And then along with that, the 426th application…

06:09 So you will be very confident that if the decision is not in your favour…

06:12 I am very confident, there is no problem in this.

06:14 No, if it is not in your favour, then you will go to Supreme Court and if it is that simple,

06:17 you will say, and Supreme Court will say with a smile that of course, this is the same thing,

06:20 what has happened, go, enjoy.

06:21 Yes, exactly like this.

06:22 Exactly.

06:23 As simple as that.

06:24 Exactly like this, because it is the law, in 426, these two things are present,

06:28 that one thing has been given to us and the other has not been given.

06:31 So how is it possible that if one thing has been given, the other should not be given?

06:33 Is there an agreement on this, Muneeb Sahib?

06:34 Then I will go to Mr. Dhaniyal.

06:36 No, I, what Mr. Bajot is saying, I will not say there is any disagreement on this,

06:42 but I am not in agreement with his opinion, because if this is what he is saying,

06:48 I am not saying that he is wrong, but my opinion is different on this.

06:51 Okay, okay.

06:52 The decision of Mian Nawaz Sharif or his disqualification is real,

06:59 it is not comparable, we cannot compare it.

07:01 But if you go to other things, the other decisions that have come,

07:04 in which I have mentioned you, the cases of Maryam Nawaz Sharif and others,

07:08 so there was only one standard that their sentences were suspended.

07:12 If the order itself starts to be suspended, Mr. Badami,

07:15 and if we have such uptenth examples, then the matter will end.

07:20 I'm out of batteries. -Loaded.

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