Supreme Court Mein Shaheed Sahafi Arshad Sharif Case Ki Samaat Douran Samaat Kya Howa ?
Supreme Court Mein Shaheed Sahafi Arshad Sharif Case Ki Samaat Douran Samaat Kya Howa ?
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00:00The first story is about the case of Shaheed Arsh-e-Sharif.
00:05If you remember, last week we got the news that after a year and 10 days,
00:11the Supreme Court has again filed a case for the acquittal.
00:15A bench was made.
00:16In that bench, the future Chief Justice, Senior Peonate Judge,
00:21Justice Mansoor Ali Shah, will head the three-member bench.
00:24Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan will be part of this bench.
00:31This morning, we also reached the Supreme Court with the rest of our friends.
00:37The people who were called there, including Attorney General,
00:41the Islamabad Police, the Secretary of the Interior,
00:44all the institutions that were noticed,
00:47picked up their files and were present in Room No. 1, Court No. 1.
00:55When the bench was seated, the initial information that was shared,
01:00was a very surprising information for us.
01:04And on top of that, there is a famous dialogue from an Indian film,
01:10that in big countries, there are such small things happening.
01:17So, it seems that in our country too, such small things keep happening.
01:21Justice Mansoor Ali Shah said there,
01:24that earlier, this case was heard by a five-member bench.
01:29So, when this five-member bench was hearing the case,
01:32now how can this three-member bench hear this case?
01:35After that, regarding the formation of this bench,
01:38that this committee should form a bench,
01:41there were questions raised on this too.
01:43And then they decided that this bench will be reconstituted.
01:49And under the Practice and Procedure Act,
01:51a three-member committee has been formed,
01:53in which Chief Justice and two senior judges are present.
01:57They will decide on the basis of a five-member bench.
02:01Mohsin, our Special Rapporteur, is present.
02:05We know from him, how extraordinary this incident happened today.
02:10Hassan has also covered a lot.
02:12The Supreme Court will also try to know from him,
02:14that such a big mistake, this case was filed after a year and ten days.
02:19All the journalists, our friends, the journalistic community,
02:23civil society, the rest of the country,
02:26were sitting in front of the television,
02:28to see what is presented in this case.
02:32Are the documents presented there?
02:35Is the work done by the government on this?
02:38But when we went there and saw, all this happened.
02:40Mohsin, tell us one thing,
02:42how extraordinary this action has been,
02:45that a five-member bench was hearing earlier,
02:49now a three-member bench has been formed.
02:51Is this the fault of the registrar,
02:53or has there been an unintentional mistake?
02:57What is the story? Tell us.
03:00Usually, in such high-profile cases,
03:04we see that there is no such mistake.
03:07There are routine cases,
03:09which come to the Supreme Court of Pakistan.
03:11We have seen,
03:12that if a case of a division bench is heard in the High Court,
03:16then the Supreme Court also looks at it.
03:18Such things happen,
03:19but in such high-profile cases,
03:21it is not usually seen like this.
03:23This case was heard in the Supreme Court of Pakistan,
03:26one year, one month and 16 days later.
03:29Its last hearing was on June 13, 2023.
03:32And today, as you were telling in your intro,
03:36there were many views on this case,
03:38on the Supreme Court of Pakistan.
03:40But today, when the hearing began,
03:42in the beginning,
03:43it was said by the head of the bench,
03:45Justice Mansoor Ali Shah,
03:47that this case has already been heard by the five-division bench.
03:51And the five-division bench was hearing this case.
03:53Therefore, the Supreme Court is sending the Judges Committee
03:57to re-settle this case,
03:58and to form a bench again.
04:02However, on this occasion,
04:03from the side of Justice Mansoor Ali Shah,
04:04it was also questioned that
04:05you should inform about the reports and updates
04:08regarding the case.
04:11And on this occasion,
04:13Shaukat Aziz Siddiqui,
04:15who is the lawyer in this case,
04:17the mother of Shaheed Arshad Sharif,
04:19he was told that
04:20JIT had received a request from Arshad Sharif's mother.
04:26On this occasion,
04:27Justice Mansoor Ali Shah was told
04:29that since we cannot make any order on this case,
04:33Justice Jamal Mandokhil and Justice Muhammad Ali Shah
04:37are two such Judges
04:38who are still present in the Supreme Court of Pakistan.
04:41The five-division bench,
04:42which had heard this case earlier,
04:44also had these two Judges present.
04:46So, they were told that
04:48when these two Judges are also present,
04:50then this case will be re-settled.
04:54No, the fundamental thing is that
04:57Justice Mansoor Ali Shah has said
05:00that this is a mistake.
05:02I don't understand that mistake.
05:04A high-profile case,
05:05a Supreme Court Chief Justice,
05:08a Senior Judge,
05:09all the Judges are respectable to us.
05:12So, just like you said
05:14that this case will be re-settled after a year.
05:17So, this is a minor mistake.
05:20I still don't understand
05:23why this happened.
05:25Did this happen on behalf of the Judge?
05:28Or what happened?
05:29To decide on a case for re-settlement,
05:32the Judges Committee
05:34looks at all these cases
05:36to decide on a case for re-settlement.
05:38Initially, it was said that
05:40the Committee will only look at cases
05:42for re-settlement of 184.3.
05:45But now, all the cases
05:47to be re-settled in the Supreme Court
05:49are looked at by the Committee.
05:51So, this is a mistake at the end of the Committee.
05:54And as I said earlier,
05:56in high-profile cases,
05:58these kinds of mistakes
06:00are usually not seen.
06:02But it happened in this case.
06:03I would like to share some developments with you.
06:06In front of the Court,
06:08bad reports have been presented.
06:10The Attorney General said in a press conference today.
06:12And then, in relation to Mutual Legal Assistance,
06:14the draft that has been prepared,
06:16the Attorney General said to the Court
06:18that the next hearing of the Cabinet
06:20will also be approved.
06:22At this time, the Chief of the Bench,
06:24Justice Mansoor Ali Shah,
06:26asked about the decision of the Kenyan Courts
06:28that whether the Court has come to a decision.
06:30The Attorney General said
06:32that the decision has come from there as well.
06:35And Justice Mansoor Ali Shah asked
06:37whether you have brought that decision
06:39on the record.
06:41This was questioned by him.
06:43However, once again he remarked
06:45that we cannot hear a debate
06:47on the marriage of this case now.
06:49Shaukat Aziz Siddiqui said
06:51in his arguments
06:53that we had issued a request
06:55on behalf of the Arsh Sharif family.
06:57And he said that
06:59the investigation in Kenya
07:01or the investigations in UAE
07:03or the team that will go there,
07:05should be kept.
07:07Because it depends on the MLA.
07:09But the situation at the moment,
07:11the people who are claiming in Pakistan
07:13that they have the knowledge of murderers,
07:15should be called and investigated.
07:17And on their behalf, it was also said
07:19that we had also kept the names
07:21of some people in front of the Court.
07:23And the new bench will be formed.
07:25All these facts are in front of it.
07:27You have been going to the Supreme Court.
07:29You must have read today's hearing.
07:31Are you surprised today?
07:33I am surprised.
07:35I am very surprised.
07:37The reason is that
07:39Justice Mansoor Ali Shah,
07:41who was the head of the bench,
07:43said that we cannot decide on this
07:45and we cannot hear arguments
07:47on the marriage.
07:49Because the first case that was heard
07:51was heard by the five branches of the bench.
07:53But in the same way,
07:55when the case of Peshawar High Court
07:57was heard by the five branches of the bench,
07:59the case was referred to the committee.
08:01At that time,
08:03you suspended the decision
08:05of Peshawar High Court.
08:07No, I did not suspend the decision.
08:09No, he suspended the decision
08:11and sent the five branches of the bench.
08:13But this case,
08:15this is the case of our martyr brother's murder.
08:17There was a notice today.
08:19You should have given some instructions
08:21on this too.
08:23No, I have given instructions.
08:25We cannot hear this case.
08:27We cannot hear arguments on the marriage.
08:29We have understood the observation.
08:31He went there too,
08:33but there was a decision.
08:35The applicant had demanded
08:37an inquiry against him.
08:39Basically, it should not have happened.
08:41We expect that
08:43when this new bench is formed,
08:45all the matters will come under it.
08:47I want to say something.
08:49Actually, this matter
08:51is not a matter of the constitution.
08:53Even if the three branches of the bench
08:55want to hear this case,
08:57they can hear it.
08:59It is not a matter of the constitution.
09:01This is a very important case.
09:03Do you remember
09:05the case of the Army Chief's extension?
09:07That too was heard by the three branches
09:09of the Supreme Court.
09:11And Justice Matsuri Shah
09:13was a part of that branch.
09:15If you want to hear, you can.
09:17It is not a matter of the constitution.
09:19Neither according to the rules,
09:21but if you want to hear,
09:23you can.
09:25It is a case of the Punjab elections.
09:27You have given two or three examples.
09:29Let's move ahead.
09:31The political issues
09:33are on one side.
09:35It is an injustice.
09:37A Pakistani citizen,
09:39a Pakistani journalist
09:41was martyred in a foreign country
09:43in a blinding manner.
09:45In this regard,
09:47the Supreme Court
09:49has itself taken a motion.
09:51When the five-member bench is formed,
09:53all the circumstances will be revealed.