Accountability Court Judge  Muhammad Bashir's Verdict - Law Experts' Analysis - video Dailymotion

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Accountability Court Judge  Muhammad Bashir's Verdict - Law Experts' Analysis

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00:00 The problem is that even now, when the decisions are correct,

00:04 that is, they are corrected, that the first decision was wrong, now a new one.

00:08 So what is the correction of the course ahead of that? What is the process?

00:12 Or just go ahead, that decision is done, you have corrected it, now go ahead.

00:16 Now look, the decisions are a daily routine,

00:19 that when there is a trial court, the proceedings of the appeal in NIAAP,

00:22 the appeal has been done.

00:24 But a little bit is that at that time, when the Minyan Nawaz Sharif case was going on in NIAAP,

00:29 then everyone was saying that there was a conviction, although the case was baseless.

00:32 Now see, if you know the outcome of a judgment, then doubts always arise about it.

00:37 Everyone was saying that they have to give this punishment.

00:40 And the judge, I am not giving any personal criticism to the judge,

00:43 these are all fictional things that you have told.

00:45 He has told all these facts, there is nothing in it.

00:47 NIAAP is in court for three years,

00:50 you have told him all these years,

00:53 this is the fourth time the extension is being given.

00:56 And all the time he has been in the court,

00:59 he has been in the court for three years.

01:01 He has been given extension again and again.

01:03 Now I don't know why it has been given, what are the reasons,

01:06 or is there no one more capable than him?

01:08 It is possible that he is more capable, that is why he has been given the extension.

01:11 I am not sure about the NIAAP case.

01:13 But now look, there should be a course of correction.

01:15 The reason for this is that if NIAAP has made a baseless case at that time,

01:19 and there is a lot of detail and reasoning in it,

01:22 that there is so much expenditure on this case, so much has been presented,

01:25 the biggest loss has been of the citizens of Pakistan.

01:28 How far has a running Pakistan been derailed in 2017-18?

01:32 Sir, my problem is different.

01:33 My problem is that you have given one, two, three, four, five ministers.

01:37 Yes, even now three ministers are going to their cases.

01:39 This is not a small thing.

01:40 Tushar Khanna case is also going to them.

01:42 Yes, and the head of justice is also a former minister, that is also a case here.

01:46 The problem is that if a person says that we do not trust them,

01:49 they will listen to the case, the person who has said that we do not trust them.

01:52 If I say that Bashir Sahib had given a wrong decision at that time,

01:56 then he can still give a wrong decision.

01:58 If he should speak the truth, then he can still not give a decision on merit.

02:02 Now if a criminal says that I do not trust them,

02:10 then normally they should not listen to that case.

02:13 But in Pakistan there is a case of Sajid Nawaz.

02:15 Yes, there is a case of Sajid Nawaz.

02:16 If a person says that I do not trust them,

02:18 they will say that you do not trust them, that is why we are going to punish you.

02:21 Sir, also because political parties, even after knowing,

02:23 they make it controversial, whatever decision is coming in front of them.

02:26 Whatever is visible, they write that the decision is not coming in front of them.

02:29 Even after knowing, they make it controversial.

02:31 If you know that your case is right,

02:34 then you can think that I am going to be punished.

02:36 Sometimes political parties politicize it.

02:38 But see, I am doing an analysis as an independent.

02:42 If I had said at that time that this judge has given wrong punishment to Mian Nawaz Sharif,

02:46 then why did he give wrong punishment?

02:48 Then when we decided on Evan Field,

02:51 then we moved the transfer application,

02:53 because we have disclosed our mind,

02:55 now our other two references,

02:57 Al Azizia and Flagship, we transferred to the other judge.

03:00 They also gave a cuttle in one of them and a conviction for 7 years in the other.

03:05 So whoever the judge is, he should give a decision on merit.

03:09 Until you decide on merit, how will you establish rule of law?

03:12 Sir, this is the problem because…

03:14 You cannot punish the judge.

03:16 You cannot do that for the judge.

03:18 Because he says that I have done wrong in the court,

03:20 he has to reverse it.

03:21 This is the responsibility of the prosecution.

03:23 Yes, yes, I want to take this question to Irfan Qadir.

03:25 Assalam-o-Alaikum Irfan sir, can you hear me?

03:27 Yes, Walaikum-Salaam.

03:29 Yes, yes, the decision that we have just reversed,

03:31 we have discussed it.

03:33 We are talking about course correction.

03:35 Is there any place for course correction in the history of Pakistan?

03:39 There were wrong judicial decisions,

03:40 there were wrong judicial murders,

03:41 there were wrong trials.

03:43 Let's move ahead.

03:44 Is there no place for course correction?

03:46 Or is there no political intent?

03:48 Or is it okay that the decision has been reversed

03:50 and Nawaz Sharif has come back to the political process?

03:52 So, okay, the next case, which is of another minister.

03:56 When cases are filed with big political personalities,

04:02 the political leanings of the judges are divided.

04:07 Because over the years, the judges who have been appointed,

04:09 some judges were approved by one party,

04:13 some were approved by another party,

04:15 some were approved by the judiciary,

04:21 and they are made judges.

04:23 And the result of this is that in such cases,

04:26 the general tendency is seen,

04:29 their political leanings are seen,

04:32 and that is seen less.

04:34 And their likes and dislikes are based on it,

04:39 such decisions are made.

04:40 And all the big legal mistakes that have been made in these decisions,

04:44 have now come in front of the nation in front of everyone.

04:47 And you have asked a very good question,

04:49 what is the reason for this?

04:51 The reason for this is that when the next parliament comes,

04:54 they should appoint the entire judiciary of the High Court, Supreme Court,

04:59 retain the good judges from among them,

05:02 bring more neutral people into the judiciary,

05:06 and this will be fixed on its own.

05:08 And the second important thing is that the laws of the constitution,

05:11 should be made with the consensus of all the parliamentary parties in the parliament,

05:17 so that the law not only applies equally,

05:21 but also has zero tolerance for everyone,

05:24 then it will be legitimate,

05:26 otherwise there will be no legitimacy of the court decisions,

05:28 nor will there be legitimacy of those laws that are made by a single person.

05:32 You are right, sir,

05:34 but the situation at the moment is that I have counted,

05:37 4-5 ministers, including Gilani, Raja Parvezashri, have also been presented.

05:43 The problem is that now that these decisions have been reversed,

05:47 then the decisions that are made in the future,

05:51 will these questions be raised on them too?

05:54 What is the course correction process?

05:56 I want to understand that if the decision is reversed,

05:59 and the decision is corrected again, then what will happen next?

06:02 The most important way to correct this is that our Pakistani bars,

06:07 the lawyer community, should independently complete these cases.

06:12 And if, I do not want to say anything in my praise,

06:15 but I am saying this with the help of your program,

06:18 that when Bilani's decision was made,

06:20 I said at that time that it was wrong,

06:23 and I pointed out those legal clauses.

06:25 And I wrote them down and pointed them out.

06:27 After that, when Nia Nawaz Sharif's decision on Panama was made,

06:30 I said then too that it was wrong.

06:32 And I also said that all these decisions will be set aside.

06:35 And then you saw that in the case of Maryam Bibi,

06:38 these cases against her were also set aside.

06:41 So it is very important that our Pakistan's lawyering,

06:44 is independent.

06:46 Because after the lawyer movement,

06:48 lawyers and judges were divided.

06:50 And lawyers generally had a tendency,

06:52 that the judges had a general tendency,

06:55 that they were going in this direction.

06:57 Talking against them was considered a strange and strange thing.

07:01 Although, law is supreme, judges have their own rights.

07:05 So this setup of our administration of justice,

07:10 has a bench and a bench bar.

07:13 And when these checks are done,

07:15 then what is happening in Pakistan is the same.

07:17 So Mr. Jadun, the problem is that,

07:19 Bukla is more political now.

07:21 Overall, this system of justice,

07:24 I am using these words very carefully,

07:26 but it is deeply political and polarized.

07:28 Instead of correcting this,

07:30 there is more intensity now.

07:32 If you look at the last 1.25 years,

07:34 Bukla's bodies are in front of each other,

07:37 they are in each other's ideological position,

07:39 political position.

07:41 They have aligned themselves with the political parties.

07:43 If you look, being political is not a bad thing.

07:47 Lawyers will only do politics, who else will do politics?

07:50 Lawyers, for the rule of law,

07:52 everyone should be united.

07:54 That there should be an appointment of judges on merit.

07:56 And this judge,

07:58 he is coming from the service,

08:00 he is a judge from the NAB,

08:02 he came from KPK, he came here for 3 years.

08:04 So, in this, there is no role of a lawyer.

08:07 The federal government is extending the vote in your name.

08:11 One government suits the other,

08:13 it extends for the other.

08:15 Across the vote, people's party, PMLM, PTI, Mashallah.

08:17 PMLM has expanded and they have been affected.

08:21 If you know that the judge does not give the right decision on merit,

08:23 and he is being influenced from any side,

08:26 then he should not listen to the case of the ministers.

08:28 This is my personal opinion,

08:30 if you reach this conclusion,

08:32 then you will understand that a judge cannot decide on merit.

08:34 He is under pressure.

08:36 See, what did judge Arshad Malik say?

08:38 He said, I was under so much pressure that in both the cases,

08:40 Meena Nawaz Sharif should be punished.

08:42 But, when there is a trial judge,

08:44 he does not mind-apply independently.

08:46 When he decides under any influence,

08:48 he can never sustain his decision.

08:50 But, see,

08:52 I think that this is the situation,

08:54 this is the situation.

08:56 I will tell you one problem in that.

08:58 If you want to get a person out of politics for 2-4 years,

09:00 then the trial court will give the decision.

09:02 But, after 4 years, if the judge says that the decision is not wrong,

09:04 then the work is done.

09:06 Right.

09:08 Thank you very much, Janki Jidoon sir.

Accountability Court Judge Muhammad Bashir's Verdict - Law Experts' Analysis

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