00:00 the criminal procedure court. So, what is your interpretation of this decision? Will there be a trial again?
00:07 I will give you the background and you can understand the issue.
00:14 Section 352 of the Criminal Procedure Court describes that the Criminal Court will be open and the public will be assessed.
00:27 The Criminal Court is called an open court. But if the presiding officer of the Criminal Court thinks that he has to restrict the court,
00:39 he has the right to restrict the court. So many people will come or lawyers from different parties will come.
00:45 But for that, he will have to give a reason that for what reasons I want to encamera this court or you can say that I want to make it short.
00:55 So that more people or so and so person does not come in this court. This is one thing.
00:59 The second thing is that the rules of the High Court, Volume 3, Chapter 1, provide that if the presiding officer of the court,
01:07 the trial judge who is presiding, wants to move the court from one place to another.
01:13 Now, it is important for your viewers to understand that there is a separate thing to be trialed in jail and there is a separate thing to be trialed in encamera.
01:21 In jail, there can be an open trial and in jail, there can be an encamera trial.
01:25 Jail means that you have changed your venue 3 place. Now, there is a procedure for that.
01:31 First, you will have to give reasons that why you want to move your court from there.
01:37 Now, there is a proper legal procedure in it. If you do not adopt that, then your transfer,
01:45 in this case, I want to tell you what mistakes have been made, what wrong has been done in haste,
01:50 why the strike has been done. So, those two things are separate.
01:54 The encamera can do this, the presiding officer can also change the court venue.
01:58 Now, in this case, it has happened that they started the trial in jail.
02:03 Now, the legal requirement in it is that the presiding officer, whether he is a magistrate or a session judge, who is doing the trial,
02:10 the officer of the court cannot write to any government that this change should be made.
02:15 Only the judge of that court, who is doing the trial, will write to the provincial government or federal government
02:22 for those reasons, whose jurisdiction he is working in, that because of these reasons,
02:27 I want to move the trial from here to there. Then, when the government will approve,
02:32 that you can move this trial there, then after that, it will move,
02:39 and then the information will be sent to the chief justice of the relevant High Court,
02:43 that we have moved this court from there to here.
02:46 Now, let's come to this case, then I will answer your question.
02:50 Now, in this case, it has happened that the trial has started in jail.
02:54 Now, the approval, the reference that Jai Sahib had sent,
02:59 he had sent it later, I think he had slept earlier, he has sent it later.
03:03 So, he went in November for the reference.
03:07 Now, this is the territory of the federal government,
03:09 and federal government means the prime minister and the entire cabinet.
03:13 So, when he was approving the reference of the judge, the trial was to start after that.
03:18 Now, he started the trial earlier, he did the reference in November,
03:23 so when he was asked for the record of the court, he saw that he started the trial earlier,
03:29 and took the approval later, and he could not have done that trial in retrospect,
03:35 in the context of that reference.
03:37 Now, the question you have asked is whether the trial can be done in jail?
03:41 It can definitely be done in jail, it is the power of the trial court that it can move the trial.
03:47 But it should be an open court, in jail also, people should be assessed,
03:52 the provision of the law, the intention of the law, okay?
03:56 If they say that...
03:58 No, no, Jahangir Sahib is saying that in exceptional circumstances,
04:02 in relation to justice, a trial can be conducted in jail in a manner that fulfills the requirement of an open trial,
04:07 or a trial in camera, provided it is in accordance with the procedure provided by law.
04:11 So, you are saying that a trial can be done in jail, but not in camera.
04:14 But this is making me understand that it can be done in jail, or in camera,
04:17 if the judge of the case says that I understand the situation so that it can be done.
04:21 And they all fulfill the legal requirements.
04:23 I am generally saying that in camera, the presiding officer has the power,
04:28 he will have to give reasons.
04:31 When we do a trial in camera, and he says that we want to do it in camera,
04:33 then he will have to give strong reasons.
04:35 You are doing two things, one is that you are shifting the building of the court to jail,
04:42 and the other is that you are putting the pressure that it is in camera.
04:45 You will have to give reasons, but it can be done.
04:47 Okay, and quickly I just want to wind up,
04:50 do you have any doubt that this whole case will start from zero,
04:55 like the first case, will start from this.
04:58 Is this the case, Jadul Sahib?
05:00 This case will start from zero, from where the case started.
05:04 So the witnesses will be presented again, and further evidence will be presented again,
05:07 everything will be presented again.
05:09 They will be given copies first, and their records will be given,
05:12 and then they will be charged, and after that they will be given a list.
05:16 Which means, Jadul Sahib, that, I am not predicting you,
05:20 but at least in the next 3-4 months, this case will be gone.
05:25 I will tell you the intention, the government wanted the trial to be done very soon,
05:31 whereas they wanted the trial to be done late.
05:33 Now they have trapped each other.
05:36 Now the same High Court is saying that the trial should be completed in a month,
05:41 and the other High Court, the DBI, the Divisional Bank,
05:44 is saying that you have not approved the trial.
05:47 But you are saying that the government wanted,
05:50 or the political opponents of PTI wanted it to be done soon,
05:54 and the PTI charge should be delayed.
05:55 So PTI has succeeded, because it will be delayed.
05:58 Of course, they have been relieved in this case.
06:02 And this will be beneficial, if the election is on time,
06:05 if the election is after 70-80 days,
06:07 in 80 days this case will not be settled, it will not be settled now.
06:09 So this means that at least as a result of this case,
06:11 as a result of the punishment, the possibility of non-allegation has been eliminated.
06:15 You have said in the interview that this is a possibility.
06:17 You see, their legal team, in my opinion,
06:21 when the judge sends a reference,
06:23 that I want to conduct the trial in jail,
06:25 they do not provide the SS to the people, who are being harassed there.
06:28 So it is possible that they will challenge this order again,
06:30 again in the High Court, that we are not getting the facility of open trial.
06:34 And if these cameras are not provided…
06:36 So Mr. Naeem, this is a good news for you,
06:40 that at the moment, the non-allegation is in Tosha Khana,
06:43 against which you have gone, the punishment has been delayed.
06:46 If the decision is delayed after the punishment,
06:48 then the non-allegation will be eliminated.
06:50 At least now this tension has been removed from the head,
06:52 that 20 days before the election, 15 days before,
06:55 another case will be called, as a result of which they will be eliminated.
06:59 As a result of which they will be eliminated on 8th February.
07:02 Now at least as a result of the Saifar case, this will not happen.
07:04 Mr. Naeem, is this the case?
07:06 Look, on one side you see that Mr. Nawaz Sharif gets bail within 15-20 seconds,
07:12 and you see that the nag goes there and says that we do not have any arrest warrant,
07:18 we have no objection to giving bail.
07:20 On the other hand, if you see, what Mr. Jadoon is saying,
07:23 about 352, I will say very clearly in it,
07:26 that it is in relation to an open trial,
07:28 and in the provisos, the judge can exclude,
07:31 but what happened here?
07:34 Here it happened that no one asked the judge,
07:37 and the notification was issued on 19th August.
07:40 And on the second number, when this was asked from the court,
07:43 that was asked from you and this notification was issued,
07:47 but the judge was not asked.
07:48 He said, as you saw on the next gate,
07:51 he wrote a letter that if you are there,
07:54 I will put the court there, there are security concerns.
07:57 That is, have you received any report,
08:00 which has come in relation to security,
08:02 that Mr. Imran Khan's life is in danger,
08:04 you are looking at the letter after seeing it.
08:06 It always happens that if the judge's will,
08:08 and they understand, and they ask that this is the situation,
08:11 or a letter comes from there, or a process is followed.
08:16 Here it is shown so quickly that the case of Islamabad High Court,
08:19 the bail case, Mahmood Qureshi's case came in front of them.
08:22 In the decision, it is written that within four weeks,
08:25 this trial should be concluded.
08:28 Then other people should also be concluded in the same way,
08:31 the poor people who are dying here,
08:34 their cases should also be heard in the same way.
08:36 Then why are 50,000 cases pending in the Supreme Court?
