Fouj Mein Court Marshal Ka Tareeqa Car Kya Hai? Kya Bani PTi Ke Liye Khatrah Barh Gaya?

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00:00I would like to understand this in a simple way.

00:03First of all, can you give us an idea of what it is like here?

00:06Just like in a normal court, a civilian,

00:09whoever is accused,

00:12there is a court scene and a judge is sitting in front of him.

00:15It's the same kind of scene.

00:18And the judge, whoever is accused,

00:21obviously, it's a soldier in a court-martial scenario,

00:24so is there necessarily a senior officer who is the judge?

00:27Basically, it's the same kind of court

00:30like our normal civil court.

00:33But the difference is that

00:36whenever there is a complaint against someone in the army,

00:39the commanding officers get an inquiry done.

00:42When an inquiry is done, they recommend

00:45that this crime has been committed and it should be court-martialed.

00:48When the court has to convene,

00:51when they give the approval

00:54that it should be court-martialed,

00:57then a summary of evidence is recorded.

01:00Summary of evidence means,

01:03there is a summary of the witnesses.

01:06All the witnesses record their statement in the presence of the accused.

01:09The accused has the right to cross-examine.

01:12And when the evidence is ready,

01:15the evidence is on the oath,

01:18that is called a summary of evidence.

01:21Now, the summary of evidence that the officer records,

01:24he makes a chart sheet that according to this summary of evidence,

01:27this crime has been committed.

01:30Now, that chart sheet is given to the convening authority.

01:33The convening authority writes on it that

01:36he is to be tried by FGCM.

01:39And after that, they also convene the same court.

01:42And it is written in the check that

01:45generally, the practice should be that the officer

01:48who is to be tried by FGCM should be a senior to the accused, preferably.

01:51And what is this? Usually, there is only one judge.

01:54In our case, there is a two-member bench, a six-member bench.

01:57So, how many judges are there usually?

02:00Usually, there are four judges.

02:03Three of them are members of the court.

02:06There is a president and two members.

02:09There is a three-member bench.

02:12And there is an advisor of the legal branch,

02:15but there is no advisor.

02:18In our courts, the Chief Justice makes a bench,

02:21or after the practice procedure, three people make a bench.

02:24In the scenario of the court martial, who makes the bench formula?

02:27Who decides that you and you will hear this case?

02:30The convening authority or the formation commander,

02:33they have made this court.

02:36This is their prerogative. They make the court.

02:39Okay. And sir, the way this case has reached a stage today,

02:42that four sheets have been filed against you.

02:45So, whenever an officer's case reaches this stage,

02:48when it is said that four sheets have been filed against you,

02:51then generally, on average, of course, it can vary from case to case,

02:54but on average, how long does it take for four sheets to be filed?

02:57Actually, what happens is that

03:00when it was presented to them in the court today,

03:03the first time it was presented in the court,

03:06they read four sheets and said that there are charges against you.

03:09Right.

03:12And along with that, they gave them time,

03:15that whatever preparation you want to do on this, whatever council you want to do,

03:18we give you 24 hours and after 24 hours the trial will start again.

03:21At that time, they can come and request that

03:24I have to engage a certain council.

03:27He had a right to engage the council of his own choice.

03:30Under Article 10A of the Constitution,

03:33and under Article 10, the right of fair trial,

03:36they will give you 24 hours and that council will be called.

03:39Then that council will argue.

03:42This is a time-taking case

03:45because the evidence against him is more than a dozen,

03:48according to my information,

03:51there are more than a dozen witnesses.

03:54On those witnesses, their defense counsel will argue.

03:57The court cannot tell him to make a brief argument.

04:00He had ample time to cross-examine each and everything.

04:03Even if he takes two days on each witness,

04:06the court cannot compel him.

04:09Whatever he says will be recorded.

04:12So if we assume that he will take as much time as possible,

04:15then how much time will it take?

04:18Yes.

04:21I think it will take three months.

04:24So you are saying that if it seems like

04:27he has taken a lot of time,

04:30then it will take three months.

04:33Three months.

04:36Maximum, right.

04:39Again, let's assume for a moment

04:42that all these allegations are proven.

04:45Because it is also being said that there are witnesses.

04:48On this assumption that the allegations have been proven,

04:51on any person whose court martial is going on

04:54and all these allegations are proven, what is the punishment?

05:09They will write the punishment in that file.

05:12After writing the punishment, they will send it to the convening authority.

05:15The convening authority will give the punishment and evidence

05:18and decide whether the rest of the evidence is correct.

05:21And after that, it will be confirmed.

05:24After confirmation, the next stage of promulgation will come.

05:27It will be annulled.

05:30In these cases, Brigadier Rizwan was first tried.

05:33He was given a death penalty.

05:36There was also a violation of the secret attack.

05:39Then Major Lieutenant General Javed was tried.

05:42He was given a 14-year sentence.

05:45There are still two civilians. They have also been tried under the secret attack.

05:48They have also been sentenced to death.

05:51Now it depends on what quality of evidence comes.

05:54What are their crimes and what are their punishments.

05:57This critical element in which to spread dissatisfaction,

06:00by contacting people,

06:03if it comes against the agency,

06:06it can go up to the death sentence.

06:09The maximum punishment is life imprisonment or death penalty.

06:12What can be the minimum punishment for such crimes?

06:15Minimum?

06:18For me, it can be 10 to 14 years.

06:21Okay.

06:24And when the Pakistan Army is punished,

06:27as you said, it is announced.

06:30Does the head of the Pakistan Army have the right

06:33to forgive the punishment and reduce it?

06:36Absolutely.

06:39This punishment is confirmed by the Army Chief.

06:42Because if any officer is punished,

06:45his confirmation is by the Army Chief.

06:48And if he wants, he can remit at any stage,

06:51he can reduce it.

06:54Okay, at any stage.

06:57There is no limitation.

07:00There is no limitation.

07:27Right.

07:57Okay.

08:27Okay.

08:57No, this cannot be said.

09:00Actually, here in the High Court,

09:03a boy was given life imprisonment.

09:06The High Court suspended his punishment.

09:09The punishment was wrong and the suspender was released.

09:12His case is still going on.

09:15But the court suspended the punishment and released him.

09:18Similarly, in a review of the Supreme Court,

09:21he changed death to life imprisonment.

09:24So, it is close to this.

09:27And if he is suspended from the High Court,

09:30can he go to the Supreme Court?

09:33He can go to the Supreme Court.

09:36There are examples where people went to the Supreme Court

09:39and the Supreme Court reversed the punishment.

09:42Thank you very much, sir.

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