00:00 open proceedings. open trial.
00:05 open proceedings. open trial.
00:05 open proceedings. open trial. criminal proceedings. open court.
00:09 criminal proceedings. open court.
00:09 criminal proceedings. open court. transparency. fair trial, fair
00:12 transparency. fair trial, fair
00:12 transparency. fair trial, fair proceedings. article 10A. regardless
00:16 proceedings. article 10A. regardless
00:16 proceedings. article 10A. regardless of the seriousness of the crime,
00:18 of the seriousness of the crime,
00:18 of the seriousness of the crime, heinousness of the crime. open court.
00:22 heinousness of the crime. open court.
00:22 heinousness of the crime. open court. open proceedings. proceedings.
00:27 (as the video shows)
00:55 So the mode and manner in which this trial is progressing
01:00 that is a cause of concern that we want this trial to be in open court
01:07 and let me tell you that the Official Secrets Act of 1923
01:11 and this is 2023
01:14 so a 100 year difference has been made
01:16 a 100 year old provision that the public will be excluded
01:21 that the public should not hear what is going on
01:24 I will tell you a common sense argument that has been appreciated in the courts
01:29 that on one hand the position in the FIR is that
01:33 Imran Khan shared the cipher with the public
01:38 and the public was not supposed to hear this
01:41 and on the other hand they are requesting the court
01:44 that the public should not hear this case because it is of sensitive nature
01:48 so keep one position, say one thing
01:51 you are blowing hot and cold in the same breath, take one stance
01:56 so we want that like every criminal trial
01:59 open proceedings, not behind closed doors
02:02 there should not be any secrecy in this
02:05 transparency is also there, the integrity of the judges is also questioned
02:09 and all the concerned people should be there
02:12 and in all fairness we have also offered the judge
02:15 that if at any stage
02:18 there is any sensitive evidence
02:22 which is shared with the parties
02:25 see in the UK and the US there is a concept called 'void air'
02:30 trial within a trial
02:32 so the lawyers approach the judge, there is a discussion
02:36 and for a while the jury is excluded
02:39 or the public is excluded
02:41 or the media is excluded
02:43 this does not mean at all
02:45 that the entire trial should be done in silence and discreetly
02:50 so today not only the court of the Official Secrets Act
02:54 dismissed the request for prosecution
02:57 in Islamabad High Court, Chief Justice Amir Farooq
03:00 dismissed this request and his bail
03:04 is fixed for Monday for 2pm
03:08 Imran Khan's bail is fixed
03:10 so the challenge has been presented Mr. Barrister
03:12 so far the secret proceedings have been done
03:15 a large chunk of the trial has already commenced
03:18 how much effect is this going to have on the case?
03:21 See, the biggest indicator of a case being submitted
03:26 is that the government wants to start the case
03:29 and the focus of the political victimization campaign
03:36 is that they are all banking on the Cipher case now
03:40 Tosha Khana case is done, bail is done
03:43 there is nothing left in the pipeline
03:46 I should also tell you that
03:49 Imran Khan was not expecting this
03:54 and he was delighted to hear
03:57 that all his pre-arrest bails have been revived
04:01 they have been referred again for decision on merits
04:05 he was not expecting this decision to come
04:08 but I was hopeful that we will engage and be successful
04:12 all those bails that were dismissed
04:15 due to his failure to submit his case
04:19 have now been revived
04:22 so when those bails are revived
04:24 then what case will Imran Khan be put in jail?
04:28 you can only guess
04:32 Tosha Khana is not going to be put in jail
04:35 for the time being Cipher is going to be put in jail
04:37 this is the life of the case
04:40 clearly it is a case of bail for me
04:44 once the bail is done, we will see what is in the pipeline
04:48 you are hopeful that the bail will be given to Peer
04:53 because he is still in the process of being released
04:56 the reason for the delay in bail
05:00 is only excuses from the prosecutors
05:04 and I am surprised that we have been asking for a debate
05:08 on this issue for a long time
05:12 but the government is not willing to start a case
05:16 I am under the impression that the bail is now ready
05:20 for arguments on Monday
05:23 before that, the technicalities and the excuses
05:27 that have been given to the prosecutors
05:31 are now being used
05:35 so I think the debate is finally over
05:39 and the debate is now on Monday
05:43 the former PM said that there will be no deal
05:46 and that Cipher's case is to save some people
05:49 who are they to save?
05:52 look at the FIR
05:55 there are 4 famous accused
05:58 Shah Mehmood Qureshi, Asad Umar and Azam Khan
06:02 and when the FIA gives a case
06:05 it gives a very detailed and comprehensive investigation
06:09 and at this stage
06:12 if it is giving a concession or latitude
06:16 or is off the hook
06:19 then some concerns or reservations come up
06:22 that why is this being done
06:25 and some are focusing on the accused
06:28 and some are focusing on Shah sahab
06:31 and if you study the Official Secrets Act
06:35 then this is not a prosecution
06:38 that is being done by the PM
06:41 Thank you very much
06:44 we have with us Barista Salman Safdar
06:47 and two other nominated accused
Comments