00:00 I want to ask Mr. Zubairi how this happened.
00:03 Mr. Zubairi, you saw, heard and read the case.
00:06 Tell us, the accused is now a criminal.
00:11 Now he is punished.
00:12 Where did he make a mistake?
00:13 Did he make a mistake with his lawyers or with them?
00:15 Where was this asset hidden?
00:17 In the name of Allah, the most merciful.
00:20 There is a very important point in this.
00:22 You just heard Mr. Ali Zafar speak.
00:24 And you heard other people speak.
00:25 They have already decided what the decision will be.
00:28 The main issue is that under section 167, 173, 167,
00:36 you have to give a statement in your declaration,
00:39 assets and liabilities.
00:41 If you don't declare assets, then it goes into misdeclaration.
00:44 And this is not a material misdeclaration.
00:47 But the evidence that was there, came from the Election Commission.
00:52 The first point was that Kate was remanded three times.
00:55 Additional district judge was remanded.
00:58 He was asked to decide the point of jurisdiction.
01:01 Was the Election Commission's decision to file a complaint
01:04 and the issue of limitations justified?
01:06 He had already finished his old decisions in May and July.
01:11 And the High Court remanded him a third time.
01:14 He followed his old decisions, which had already been set aside.
01:20 He decided the point of jurisdiction.
01:22 But the lawyers of the PTI, Imran Khan, did not hear him.
01:28 This is his complaint and this will be the ground he will take in the appeal.
01:32 But the prosecution gave evidence that the burden was on him.
01:36 The judge has proved in his order that he bought the assets from Tosha Khana
01:43 and sold them.
01:45 And he did not declare this, which was bound to be declared under the election laws.
01:49 This is his fault.
01:50 But a very important point is that Imran Khan's statement of Article 342
01:56 should have been considered.
01:58 What explanation did he give about this?
02:00 Then he gave a list of witnesses, who were to produce him.
02:06 Ali Zafar said that how did this happen?
02:09 We gave all this.
02:10 He calls the witnesses and says that we declared this in this way.
02:13 We declared this in income tax.
02:15 He closed that side.
02:16 His application was pending in Islamabad High Court.
02:20 The decision made by the Islamabad High Court,
02:22 he remanded the case to the additional district judge
02:25 on the question of maintainability jurisdiction.
02:28 And he also said that he should run it with the main case.
02:31 The third thing was that he rejected the complaint of bias against him.
02:38 He said that there is no bias.
02:39 He said that he will listen to the case law.
02:41 He said that he will listen to the case law,
02:42 when there are serious issues.
02:43 Whether the judge has given a fair trial or not.
02:45 Which is your right under Article 10A of the Constitution.
02:50 But the application that he had to recall,
02:55 that I am not allowed to call my witness,
02:58 the Chief Justice kept it pending and filed a case.
03:02 We didn't know about the judge's decision when we found out later.
03:05 On 4th, his leave was also sanctioned.
03:08 And he was going out on 5th, from 5th to 14th August.
03:12 He had to go to England to attend a workshop.
03:15 So on that day he decided that he didn't wait.
03:18 And showed that he waited till 8.30.
03:20 Mr. Chaudhary, he wants to ask you a question.
03:23 Yes, Mr. Chaudhary.
03:24 Yes.
03:25 No, let me finish.
03:27 Yes, yes, please.
03:28 The thing is that his witnesses didn't know anything.
03:30 So his decision on this case could not have been made.
03:32 Mr. Zubairi, please forgive me.
03:34 You say that this is a case like Nawaz Shiv's case.
03:38 What was that case? It was corruption.
03:40 And you didn't tell us where you took the profit.
03:46 Yes.
03:47 No, look, the nature of the case was completely different.
03:51 How can you justify?
03:53 His case was of a different nature.
03:55 It had the apartments of Evanfield,
03:57 it was a plot and all these things were in front of him.
04:00 It was a decision of the Supreme Court.
04:02 And he said that you didn't give your declaration,
04:04 you hid your assets.
04:06 Look, if you have made a misdeclaration,
04:08 there is a penalty for that.
04:09 Section 174 clearly says,
04:12 Section 173 says that you have practiced corruption.
04:15 And in 174, the punishment is suggested that
04:17 this punishment will be given if you are guilty of this.
04:19 If the court holds that you have given a misdeclaration.
04:22 But there is no comparison to compare both the cases.
04:26 Here, a court is saying that I am getting an explanation.
04:29 The thing is that here, there has been a trial.
04:31 In the trial, they said that without listening to their testimonies,
04:35 they have decided.
04:37 That application is pending in Islamabad High Court.
04:40 So how did they get a fair trial?
04:42 Look, there was a demand for justice that both sides should listen.
04:45 If the lawyer had not come, was there a reason?
04:48 Was there a ban?
04:49 Was there a Hadith that they should have decided on the same day?
04:52 Okay, Mr. Zubairi, look, we want to understand one thing.
04:58 The first transaction of the gift is done by the Cabinet Committee.
05:01 It is assessed and a gift is taken.
05:04 This will be the first declaration in the government's record.
05:08 After that, when the Prime Minister takes the gift,
05:11 he gives the best tax on it.
05:13 He mentions it in his tax returns.
05:15 This will be the second declaration in the government's records.
05:18 Now, this third declaration, the judge is saying that
05:22 it was not done in the way it should have been done.
05:28 So the question is, we want to understand,
05:31 that one transaction has already been recorded in two places in the government's record.
05:38 So suppose in the third place,
05:40 a person has deliberately hidden it or he has made a mistake.
05:45 So is this punishment still made?
05:47 How did this misdeclaration happen?
05:49 Look, there is another thing.
05:52 When they sold it, they gave capital gains on it.
05:55 They declared it in the income tax.
05:57 Look, a criminal offence has two requirements.
06:02 One, that you have committed a crime.
06:04 And one, that you have done it with a guilty mind.
06:07 That means your mind was guilty, you wanted to commit a crime.
06:11 And you made it a criminal offense.
06:13 So if there is a mistake here,
06:15 you had to prove to the prosecution that if it was a misdeclaration,
06:21 you did it with a guilty mind, which is called mens rea in legal terms.
06:25 That with a guilty mind, they did this.
06:28 They wanted to hide it, that was the reason.
06:30 They say, you heard Ali Zafar,
06:33 according to the legal requirement, they fulfilled everything.
06:37 If they fulfilled it, then the judge should have listened to their witness before making a decision.
06:43 Because this is my fundamental right of a criminal,
06:46 that he should be heard.
06:48 But usually the burden is on the prosecution.
06:51 But sometimes the burden is transferred.
06:54 If they wanted to bring their witness, the accused doesn't bring their witness.
06:58 But here they gave a list, which the judge rejected.
07:01 The application against that rejection was pending in the High Court.
07:05 The High Court decided on the rest of the applications.
07:08 It was pending that I will decide later.
07:10 But Abbas Zubairi, the notices were issued for this week, both sides.
07:16 But they decided on the case.
07:18 They decided, what is left?
07:20 Yes, yes, absolutely.
07:21 Yes, Mr. Chaudhary.
07:22 Okay, Mr. Abbas Zubairi, please say,
07:25 how soon he will be out from this conviction?
07:29 See, if here is justice,
07:32 Mr. Chaudhary, if there is justice here and the courts are free,
07:36 then he will come out immediately.
07:38 Because his maximum sentence is 3 years.
07:41 The law says that if the sentence is less than 7 years,
07:44 then the sentence is suspended immediately in the appeal.
07:50 This is our jurisprudence. These are the cases.
07:52 But we will have to see, when his appeal goes to the High Court,
07:55 when they will give an application for suspension of sentence,
08:02 was better.
