Supreme Court Mein Shaheed Sahafi Arshad Sharif Case Ki Samaat Douran Samaat Kya Howa ?

ARY NEWS

Transcript

00:00The first story is about the case of Shaheed Arsh-e-Sharif.

00:05If you remember, last week we got the news that after a year and 10 days,

00:11the Supreme Court has again filed a case for the acquittal.

00:15A bench was made.

00:16In that bench, the future Chief Justice, Senior Peonate Judge,

00:21Justice Mansoor Ali Shah, will head the three-member bench.

00:24Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan will be part of this bench.

00:31This morning, we also reached the Supreme Court with the rest of our friends.

00:37The people who were called there, including Attorney General,

00:41the Islamabad Police, the Secretary of the Interior,

00:44all the institutions that were noticed,

00:47picked up their files and were present in Room No. 1, Court No. 1.

00:55When the bench was seated, the initial information that was shared,

01:00was a very surprising information for us.

01:04And on top of that, there is a famous dialogue from an Indian film,

01:10that in big countries, there are such small things happening.

01:17So, it seems that in our country too, such small things keep happening.

01:21Justice Mansoor Ali Shah said there,

01:24that earlier, this case was heard by a five-member bench.

01:29So, when this five-member bench was hearing the case,

01:32now how can this three-member bench hear this case?

01:35After that, regarding the formation of this bench,

01:38that this committee should form a bench,

01:41there were questions raised on this too.

01:43And then they decided that this bench will be reconstituted.

01:49And under the Practice and Procedure Act,

01:51a three-member committee has been formed,

01:53in which Chief Justice and two senior judges are present.

01:57They will decide on the basis of a five-member bench.

02:01Mohsin, our Special Rapporteur, is present.

02:05We know from him, how extraordinary this incident happened today.

02:10Hassan has also covered a lot.

02:12The Supreme Court will also try to know from him,

02:14that such a big mistake, this case was filed after a year and ten days.

02:19All the journalists, our friends, the journalistic community,

02:23civil society, the rest of the country,

02:26were sitting in front of the television,

02:28to see what is presented in this case.

02:32Are the documents presented there?

02:35Is the work done by the government on this?

02:38But when we went there and saw, all this happened.

02:40Mohsin, tell us one thing,

02:42how extraordinary this action has been,

02:45that a five-member bench was hearing earlier,

02:49now a three-member bench has been formed.

02:51Is this the fault of the registrar,

02:53or has there been an unintentional mistake?

02:57What is the story? Tell us.

03:00Usually, in such high-profile cases,

03:04we see that there is no such mistake.

03:07There are routine cases,

03:09which come to the Supreme Court of Pakistan.

03:11We have seen,

03:12that if a case of a division bench is heard in the High Court,

03:16then the Supreme Court also looks at it.

03:18Such things happen,

03:19but in such high-profile cases,

03:21it is not usually seen like this.

03:23This case was heard in the Supreme Court of Pakistan,

03:26one year, one month and 16 days later.

03:29Its last hearing was on June 13, 2023.

03:32And today, as you were telling in your intro,

03:36there were many views on this case,

03:38on the Supreme Court of Pakistan.

03:40But today, when the hearing began,

03:42in the beginning,

03:43it was said by the head of the bench,

03:45Justice Mansoor Ali Shah,

03:47that this case has already been heard by the five-division bench.

03:51And the five-division bench was hearing this case.

03:53Therefore, the Supreme Court is sending the Judges Committee

03:57to re-settle this case,

03:58and to form a bench again.

04:02However, on this occasion,

04:03from the side of Justice Mansoor Ali Shah,

04:04it was also questioned that

04:05you should inform about the reports and updates

04:08regarding the case.

04:11And on this occasion,

04:13Shaukat Aziz Siddiqui,

04:15who is the lawyer in this case,

04:17the mother of Shaheed Arshad Sharif,

04:19he was told that

04:20JIT had received a request from Arshad Sharif's mother.

04:26On this occasion,

04:27Justice Mansoor Ali Shah was told

04:29that since we cannot make any order on this case,

04:33Justice Jamal Mandokhil and Justice Muhammad Ali Shah

04:37are two such Judges

04:38who are still present in the Supreme Court of Pakistan.

04:41The five-division bench,

04:42which had heard this case earlier,

04:44also had these two Judges present.

04:46So, they were told that

04:48when these two Judges are also present,

04:50then this case will be re-settled.

04:54No, the fundamental thing is that

04:57Justice Mansoor Ali Shah has said

05:00that this is a mistake.

05:02I don't understand that mistake.

05:04A high-profile case,

05:05a Supreme Court Chief Justice,

05:08a Senior Judge,

05:09all the Judges are respectable to us.

05:12So, just like you said

05:14that this case will be re-settled after a year.

05:17So, this is a minor mistake.

05:20I still don't understand

05:23why this happened.

05:25Did this happen on behalf of the Judge?

05:28Or what happened?

05:29To decide on a case for re-settlement,

05:32the Judges Committee

05:34looks at all these cases

05:36to decide on a case for re-settlement.

05:38Initially, it was said that

05:40the Committee will only look at cases

05:42for re-settlement of 184.3.

05:45But now, all the cases

05:47to be re-settled in the Supreme Court

05:49are looked at by the Committee.

05:51So, this is a mistake at the end of the Committee.

05:54And as I said earlier,

05:56in high-profile cases,

05:58these kinds of mistakes

06:00are usually not seen.

06:02But it happened in this case.

06:03I would like to share some developments with you.

06:06In front of the Court,

06:08bad reports have been presented.

06:10The Attorney General said in a press conference today.

06:12And then, in relation to Mutual Legal Assistance,

06:14the draft that has been prepared,

06:16the Attorney General said to the Court

06:18that the next hearing of the Cabinet

06:20will also be approved.

06:22At this time, the Chief of the Bench,

06:24Justice Mansoor Ali Shah,

06:26asked about the decision of the Kenyan Courts

06:28that whether the Court has come to a decision.

06:30The Attorney General said

06:32that the decision has come from there as well.

06:35And Justice Mansoor Ali Shah asked

06:37whether you have brought that decision

06:39on the record.

06:41This was questioned by him.

06:43However, once again he remarked

06:45that we cannot hear a debate

06:47on the marriage of this case now.

06:49Shaukat Aziz Siddiqui said

06:51in his arguments

06:53that we had issued a request

06:55on behalf of the Arsh Sharif family.

06:57And he said that

06:59the investigation in Kenya

07:01or the investigations in UAE

07:03or the team that will go there,

07:05should be kept.

07:07Because it depends on the MLA.

07:09But the situation at the moment,

07:11the people who are claiming in Pakistan

07:13that they have the knowledge of murderers,

07:15should be called and investigated.

07:17And on their behalf, it was also said

07:19that we had also kept the names

07:21of some people in front of the Court.

07:23And the new bench will be formed.

07:25All these facts are in front of it.

07:27You have been going to the Supreme Court.

07:29You must have read today's hearing.

07:31Are you surprised today?

07:33I am surprised.

07:35I am very surprised.

07:37The reason is that

07:39Justice Mansoor Ali Shah,

07:41who was the head of the bench,

07:43said that we cannot decide on this

07:45and we cannot hear arguments

07:47on the marriage.

07:49Because the first case that was heard

07:51was heard by the five branches of the bench.

07:53But in the same way,

07:55when the case of Peshawar High Court

07:57was heard by the five branches of the bench,

07:59the case was referred to the committee.

08:01At that time,

08:03you suspended the decision

08:05of Peshawar High Court.

08:07No, I did not suspend the decision.

08:09No, he suspended the decision

08:11and sent the five branches of the bench.

08:13But this case,

08:15this is the case of our martyr brother's murder.

08:17There was a notice today.

08:19You should have given some instructions

08:21on this too.

08:23No, I have given instructions.

08:25We cannot hear this case.

08:27We cannot hear arguments on the marriage.

08:29We have understood the observation.

08:31He went there too,

08:33but there was a decision.

08:35The applicant had demanded

08:37an inquiry against him.

08:39Basically, it should not have happened.

08:41We expect that

08:43when this new bench is formed,

08:45all the matters will come under it.

08:47I want to say something.

08:49Actually, this matter

08:51is not a matter of the constitution.

08:53Even if the three branches of the bench

08:55want to hear this case,

08:57they can hear it.

08:59It is not a matter of the constitution.

09:01This is a very important case.

09:03Do you remember

09:05the case of the Army Chief's extension?

09:07That too was heard by the three branches

09:09of the Supreme Court.

09:11And Justice Matsuri Shah

09:13was a part of that branch.

09:15If you want to hear, you can.

09:17It is not a matter of the constitution.

09:19Neither according to the rules,

09:21but if you want to hear,

09:23you can.

09:25It is a case of the Punjab elections.

09:27You have given two or three examples.

09:29Let's move ahead.

09:31The political issues

09:33are on one side.

09:35It is an injustice.

09:37A Pakistani citizen,

09:39a Pakistani journalist

09:41was martyred in a foreign country

09:43in a blinding manner.

09:45In this regard,

09:47the Supreme Court

09:49has itself taken a motion.

09:51When the five-member bench is formed,

09:53all the circumstances will be revealed.

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