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Fouj Mein Court Marshal Ka Tareeqa Car Kya Hai? Kya Bani PTi Ke Liye Khatrah Barh Gaya?
ARY NEWS
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12/10/2024
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News
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00:00
I would like to understand this in a simple way.
00:03
First of all, can you give us an idea of what it is like here?
00:06
Just like in a normal court, a civilian,
00:09
whoever is accused,
00:12
there is a court scene and a judge is sitting in front of him.
00:15
It's the same kind of scene.
00:18
And the judge, whoever is accused,
00:21
obviously, it's a soldier in a court-martial scenario,
00:24
so is there necessarily a senior officer who is the judge?
00:27
Basically, it's the same kind of court
00:30
like our normal civil court.
00:33
But the difference is that
00:36
whenever there is a complaint against someone in the army,
00:39
the commanding officers get an inquiry done.
00:42
When an inquiry is done, they recommend
00:45
that this crime has been committed and it should be court-martialed.
00:48
When the court has to convene,
00:51
when they give the approval
00:54
that it should be court-martialed,
00:57
then a summary of evidence is recorded.
01:00
Summary of evidence means,
01:03
there is a summary of the witnesses.
01:06
All the witnesses record their statement in the presence of the accused.
01:09
The accused has the right to cross-examine.
01:12
And when the evidence is ready,
01:15
the evidence is on the oath,
01:18
that is called a summary of evidence.
01:21
Now, the summary of evidence that the officer records,
01:24
he makes a chart sheet that according to this summary of evidence,
01:27
this crime has been committed.
01:30
Now, that chart sheet is given to the convening authority.
01:33
The convening authority writes on it that
01:36
he is to be tried by FGCM.
01:39
And after that, they also convene the same court.
01:42
And it is written in the check that
01:45
generally, the practice should be that the officer
01:48
who is to be tried by FGCM should be a senior to the accused, preferably.
01:51
And what is this? Usually, there is only one judge.
01:54
In our case, there is a two-member bench, a six-member bench.
01:57
So, how many judges are there usually?
02:00
Usually, there are four judges.
02:03
Three of them are members of the court.
02:06
There is a president and two members.
02:09
There is a three-member bench.
02:12
And there is an advisor of the legal branch,
02:15
but there is no advisor.
02:18
In our courts, the Chief Justice makes a bench,
02:21
or after the practice procedure, three people make a bench.
02:24
In the scenario of the court martial, who makes the bench formula?
02:27
Who decides that you and you will hear this case?
02:30
The convening authority or the formation commander,
02:33
they have made this court.
02:36
This is their prerogative. They make the court.
02:39
Okay. And sir, the way this case has reached a stage today,
02:42
that four sheets have been filed against you.
02:45
So, whenever an officer's case reaches this stage,
02:48
when it is said that four sheets have been filed against you,
02:51
then generally, on average, of course, it can vary from case to case,
02:54
but on average, how long does it take for four sheets to be filed?
02:57
Actually, what happens is that
03:00
when it was presented to them in the court today,
03:03
the first time it was presented in the court,
03:06
they read four sheets and said that there are charges against you.
03:09
Right.
03:12
And along with that, they gave them time,
03:15
that whatever preparation you want to do on this, whatever council you want to do,
03:18
we give you 24 hours and after 24 hours the trial will start again.
03:21
At that time, they can come and request that
03:24
I have to engage a certain council.
03:27
He had a right to engage the council of his own choice.
03:30
Under Article 10A of the Constitution,
03:33
and under Article 10, the right of fair trial,
03:36
they will give you 24 hours and that council will be called.
03:39
Then that council will argue.
03:42
This is a time-taking case
03:45
because the evidence against him is more than a dozen,
03:48
according to my information,
03:51
there are more than a dozen witnesses.
03:54
On those witnesses, their defense counsel will argue.
03:57
The court cannot tell him to make a brief argument.
04:00
He had ample time to cross-examine each and everything.
04:03
Even if he takes two days on each witness,
04:06
the court cannot compel him.
04:09
Whatever he says will be recorded.
04:12
So if we assume that he will take as much time as possible,
04:15
then how much time will it take?
04:18
Yes.
04:21
I think it will take three months.
04:24
So you are saying that if it seems like
04:27
he has taken a lot of time,
04:30
then it will take three months.
04:33
Three months.
04:36
Maximum, right.
04:39
Again, let's assume for a moment
04:42
that all these allegations are proven.
04:45
Because it is also being said that there are witnesses.
04:48
On this assumption that the allegations have been proven,
04:51
on any person whose court martial is going on
04:54
and all these allegations are proven, what is the punishment?
05:09
They will write the punishment in that file.
05:12
After writing the punishment, they will send it to the convening authority.
05:15
The convening authority will give the punishment and evidence
05:18
and decide whether the rest of the evidence is correct.
05:21
And after that, it will be confirmed.
05:24
After confirmation, the next stage of promulgation will come.
05:27
It will be annulled.
05:30
In these cases, Brigadier Rizwan was first tried.
05:33
He was given a death penalty.
05:36
There was also a violation of the secret attack.
05:39
Then Major Lieutenant General Javed was tried.
05:42
He was given a 14-year sentence.
05:45
There are still two civilians. They have also been tried under the secret attack.
05:48
They have also been sentenced to death.
05:51
Now it depends on what quality of evidence comes.
05:54
What are their crimes and what are their punishments.
05:57
This critical element in which to spread dissatisfaction,
06:00
by contacting people,
06:03
if it comes against the agency,
06:06
it can go up to the death sentence.
06:09
The maximum punishment is life imprisonment or death penalty.
06:12
What can be the minimum punishment for such crimes?
06:15
Minimum?
06:18
For me, it can be 10 to 14 years.
06:21
Okay.
06:24
And when the Pakistan Army is punished,
06:27
as you said, it is announced.
06:30
Does the head of the Pakistan Army have the right
06:33
to forgive the punishment and reduce it?
06:36
Absolutely.
06:39
This punishment is confirmed by the Army Chief.
06:42
Because if any officer is punished,
06:45
his confirmation is by the Army Chief.
06:48
And if he wants, he can remit at any stage,
06:51
he can reduce it.
06:54
Okay, at any stage.
06:57
There is no limitation.
07:00
There is no limitation.
07:27
Right.
07:57
Okay.
08:27
Okay.
08:57
No, this cannot be said.
09:00
Actually, here in the High Court,
09:03
a boy was given life imprisonment.
09:06
The High Court suspended his punishment.
09:09
The punishment was wrong and the suspender was released.
09:12
His case is still going on.
09:15
But the court suspended the punishment and released him.
09:18
Similarly, in a review of the Supreme Court,
09:21
he changed death to life imprisonment.
09:24
So, it is close to this.
09:27
And if he is suspended from the High Court,
09:30
can he go to the Supreme Court?
09:33
He can go to the Supreme Court.
09:36
There are examples where people went to the Supreme Court
09:39
and the Supreme Court reversed the punishment.
09:42
Thank you very much, sir.
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