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Tuesday March 19, 2024

From media to video trial

By Mazhar Abbas
May 01, 2016

Use of media – print or electronic – as means of propaganda by successive regimes and establishment is nothing new in our politics. From PTV's ‘Zulm ki Dastaan’ in the 1970s to Khalid Shamim's video, the purpose is seemingly not providing information to the masses but to malign political opponents. Ministry of Interior is now active to trace out the suspects and motive behind this latest video leak of a high-profile suspect in a high-profile case of MQM leader Dr Imran Farooq’s murder.

‘Zulm ki Dastaan’ was a PTV show comprising interviews of the politicians who had been subjected to abuse and torture during the PPP's first tenure. Bu, it was not out of love and Gen Zia was not sympathetic to politicians as he used them against Zulfikar Ali Bhutto.

Serious debate is needed on the question of using media as a tool for propaganda purposes by leaking confidential reports of joint investigation teams about the suspected terrorists or political opponents.

Media or video trial, before the case even comes up before the court, often damages prosecution, resulting in acquittal of accused in major cases. How much these tactic helped in building a negative perception against the parties and their leadership could be judge from their electoral support.

Many high-profile cases – MQM chairman Azeem Ahmad Tariq, former governor Hakim Muhammad Saeed and Mir Murtaza Bhutto – had been destroyed as a result of such tactics or poor prosecution in haste. Some former public prosecutors and police officials admitted that successive governments’ interference often damaged prosecution cases.

So the video of Khalid Shamim certainly adds to the worries of MQM but it may not help the accused in the case and can go against him.

The Dr Imran Farooq murder case is now the most high-profile in the country. The trial has not formally been started, both in London and Pakistan. Do we know the consequences had such a video been leaked in London? This leak certainly would not help the prosecution in any manner in building its case against MQM leaders.

There could be some element of truth in what Mirza and Shamim had said but the mysterious manner, in which these were leaked, are often considered as propaganda. Perhaps that could be one of the reasons these groups still have their vote bank intact.

The interior ministry, which remained silent on the issue of Saulat Mirza's video and the Balochistan government withdrawing the inquiry just days after it had been ordered, has now taken notice of Khalid Shamim's video. In many ways, his video can have far reaching implications than of Saulat, as the formal trial of Dr Imran Farooq's murder has not even started, either in Pakistan or in London.

The video leak has come just days after London's Prosecution Branch got the record of money laundering which some sources said was linked with Imran Farooq case as well. It was also leaked at a time when Interior Minister Chaudhry Nisar Ali Khan had just returned from London where he had a detailed discussion on matters related to this case.

This video leak would certainly not help the government case before UK at a time when there is already a controversy over the delay in handing over the suspects to London and as a result their trial are now being held in Pakistan.

Some legal experts believe that there are already too many loopholes in this case – from the day of arrest of suspects to mysterious disappearance of one of them and now the video leak.

However, the leak of Shamim’s statement is somewhat different from Saulat. Firstly, it was given to a journalist – not of a leading channel – but it became talk of the town once aired on the most popular show of Geo News ‘Aaj Shahzeb Khanzada key Saath’ followed by an interview of his wife.

On the contrary, Saulat’s video was leaked to all the channels and his recording was done in a more professional manner than that of Shamim.

So the job of interior ministry is far easier in Shamim’s case than of Saulat, where the purpose was quite clear. Interview from a death cell means a lot and had a lot of impact. It’s like a person giving a dying declaration.

Therefore, there is a possibility that some action would also be taken including possible suspension of some jail officials.

The content is also of great significance and raised many questions, but like the JITs, this video statement has no legal value unless he admits the same before the trial court or in his 164 CrPC statement.

Pakistani politics has come a long way and matured enough as the civilian governments hardly imprison their opponents. We have also come out from the era of using ‘Shahi Qila’ (Lahore Fort) as a torture and slaughter camp. In the last two decades, the civilian rulers had not used MPO or put opposition leaders under house arrest. Gone were the days of Hasan Nasir and Nazir Abbasi, the two who were allegedly tortured to death but no one knows about their JIT till this day.

The era of Jam Sadiq Ali and General (Retd) Pervez Musharraf reminded us of using the old strong-arm tactics against political opponents. Situation is still far better than the past till this day.

Therefore, if our State and rulers are really serious about eliminating terrorism, extremism and corruption from society, they must not waste their time in audio or video leak of JITs and should make a strong case before the trial court. The only statement which has legal value is the one recorded before a magistrate under Section 164 of CrPC.

Criminal cases should not be destroyed for some small political gains, as we had witnessed in the last 30 years. Media trial or video trial have little impact on political perception but it certainly damages the case itself.

The interior ministry should not only take serious notice but also ensure that the authorities concerned should not waste their energy on things which only damage our judicial and political system and help the accused.

The writer is a senior columnist and analyst of Geo, The News and Jang.