Military courts case in the dock of the Supreme Court's constitutional bench - Raja Mohsin Ijaz - video Dailymotion

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Military courts case in the dock of the Supreme Court's constitutional bench - Raja Mohsin Ijaz

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00:00Welcome back, Rahim Hussain.

00:02You are raising very tough questions.

00:04What is your understanding?

00:06Last week, we faced very important questions

00:08on a daily basis from the side of the bench.

00:10Especially, the fundamental question

00:12that there is a method of trial

00:14in the military course,

00:16that question was repeatedly asked

00:18by the members of the bench

00:20to tell us what is that method?

00:22Especially, the remarks

00:24given by Justice Musarrat-E-Ilahi

00:26at the beginning of the session

00:28that the officer who trials

00:30does not make the decision himself,

00:32rather he sends his commanding officer

00:34to the case,

00:36then he makes the decision.

00:38Along with this, questions were raised

00:40that what is their legal ability

00:42in writing this decision?

00:44On this, it was told by Khawaja Haris

00:46that JAG branch

00:48guides in this matter

00:50and helps in writing the decision.

00:52And different

00:54military courts

00:56questions were raised

00:58regarding the trial.

01:00Fundamentally,

01:02Khawaja Haris tried to

01:04satisfy the court.

01:06But during this week's session,

01:08Justice Naeem Akhtar Afghan

01:10gave remarks that

01:12it seems that your preparation

01:14is not complete.

01:16Today, Justice Musarrat-E-Ilahi

01:18raised very important questions.

01:20Along with that,

01:22very important questions were raised

01:24in which he was asked

01:26from Khawaja Haris

01:28that Khawaja Haris,

01:30please tell us

01:32which military court

01:34you have selected

01:36for the trial?

01:38On this,

01:40Additional Attorney General

01:42told the court that

01:44the 105 people

01:46who were present

01:48were trialled in military courts.

01:50On site?

01:52Yes, on site.

01:54One question

01:56was asked.

01:58There were some women

02:00who were trialled in military courts.

02:02But the fundamental question

02:04was that

02:06all the incidents

02:08that happened

02:10in the past

02:12were trialled in ATC.

02:14And these incidents

02:16in military courts

02:18were individual incidents.

02:20This was the fundamental question.

02:22The most important question

02:24was that

02:26you said that

02:28they should be transferred.

02:30Has there been any detailed judgment

02:32or evidence?

02:34Has there been any evidence

02:36or judgment?

02:38The questions that

02:40you are raising

02:42were also raised by the bench.

02:44In response to all these questions,

02:46Khawaja Haris said

02:48that he will assist the court

02:50in the second phase

02:52of his arguments.

02:54As of now,

02:56he has not raised

02:58any clear questions.

03:00This question was raised

03:02by Justice Jamal Mando Khair

03:04and he said that

03:06he has 38 years of experience

03:08and he still does not

03:10consider himself perfect.

03:12Tell me,

03:14the officer who punishes

03:16a person who can even

03:18be sentenced to death,

03:20how can he

03:22punish such a person?

03:24Then,

03:26there was a mention of

03:28a former army chief,

03:30Gen. Musharraf's

03:32hijacked plane.

03:34Justice Musharraf Hilali

03:36said that the airport's lights

03:38were switched off

03:40and the plane was

03:42asked to leave.

03:44I would like to ask you

03:46about what Hasan is saying.

03:48Obviously,

03:50there is a GHQ gate

03:52where the people

03:54were killed.

03:56So,

03:58was there a case

04:00filed against him?

04:02He said that

04:04he was repeatedly asked

04:06if there was a case

04:08filed against him.

04:10No,

04:12there was no case

04:14filed against him.

04:16He was repeatedly asked

04:18if there was a case

04:20filed against him.

04:22Today,

04:24there are trials

04:26in the military courts

04:28internationally.

04:30There was a case

04:32filed against Kulbhushan

04:34in the military court.

04:36After that,

04:38the case went to the High Court

04:40and they said that

04:42the International Court of Justice

04:44accepted the case

04:46and the trial.

04:48However,

04:50the question of the judges

04:52is that,

04:54on one hand,

04:56they were asked

04:58why the military chief's

05:00hijacked plane did not

05:02go to the military court.

05:04On the other hand,

05:06Jamal Mandokhil said

05:08that the hijacking

05:10was an official attack.

05:12The point is that,

05:14whatever the Supreme Court

05:16decides,

05:18if they say that

05:20there is no trial in the military courts,

05:22then there will be a retrial in the ATC.

05:24But, whatever has been cleared,

05:26has been cleared.

05:28Obviously,

05:30this case is still going on

05:32and the decision will be made.

05:34See you on Monday.

Military courts case in the dock of the Supreme Court's constitutional bench - Raja Mohsin Ijaz

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