Legal Expert Imtiaz Siddiqui opens up on Bar Councils' press releases against CEC

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Transcript

00:00 The election process, delimitations, restrictions,

00:03 the increasing controversy in the distribution of seats,

00:05 this is a deep concern from the Bars.

00:08 It is also being said that the increasing controversy

00:13 and controversy in the election process has raised questions

00:16 about the commission's ability.

00:18 It has also raised questions about the chief election commissioner's competency.

00:21 Is it fair and justified to put the transparency and transparency

00:24 of the election process in danger?

00:29 And what is the timing?

00:32 The election commission of Pakistan is already stigmatized.

00:36 Justice Bandiyal's batch has already stigmatized

00:39 the election commission of Pakistan in relation to provincial matters

00:43 and has held a case for contempt.

00:48 You must remember that they had ordered

00:51 that there should be elections in Punjab on 30th April

00:54 and not on 14th May.

00:59 At present, the tenure of provincial and federal caretakers has expired.

01:08 And in fact, there are de facto governments,

01:12 but there are no lawful governments.

01:15 We refer to the de facto and de jure governments in the law.

01:24 So, there are already many controversies and doubts in the election process

01:30 and the political scenario is also in front of you.

01:33 Apart from this, the biggest problem is that

01:36 many people are surprised and worried about the recent orders

01:40 of the election commission of Pakistan.

01:45 I will come to this, Mr. Siddiqui, if you allow me.

01:48 But I am surprised that when the schedule has been issued

01:51 and the best employee of the election commission has been here for a year,

01:57 that he is ready to do everything in the world,

01:59 not just the responsibility that has been assigned to him

02:01 and whose funds are given to conduct the election.

02:03 So, today, the Pakistan Bar Council,

02:05 Supreme Court Bar Association, Sindh Court Bar,

02:07 have they come to their senses today that they should be removed?

02:12 Whether it is right or wrong,

02:15 or not,

02:17 that is, it is so late, you cannot do anything, sir.

02:20 But I think that the orders passed by the Supreme Court,

02:24 in its context,

02:27 the opposition has all kinds of interests.

02:35 Obviously, they are saying that if you want to conduct the election,

02:41 but if you want to conduct it with the law and the constitution,

02:47 then what will be the benefit of that election?

02:49 Look, sir, the problem is that without resolving complaints,

02:52 acting on the election timelines,

02:54 instead of getting revenge, can cause harm to revenge.

02:59 This is a very valid and legit point that the Bar Association has raised.

03:01 Otherwise, your stability will be lost.

03:05 But you are also seeing that after the election schedule,

03:07 and you understand this better,

03:09 it is necessary to send a reference to the Supreme Judicial Council

03:12 if you want to get rid of Sultan Raja.

03:15 So, is it possible to remove Sultan Raja at this time or not?

03:18 And why did the Supreme Judicial Council not send a reference?

03:20 Or are they also going to send?

03:22 Mayor, there are countless issues in the Supreme Judicial Council.

03:29 Our judicial system is very weak at the moment.

03:34 It is in your favor, what can be said about it.

03:38 But the thing is that the requirements of the law,

03:45 like delimitation, are statutory requirements.

03:48 Whatever happens, those who have fought the election,

03:53 those who want to fight, those who know the laws of the election,

03:57 they know that delimitation is a very sensitive and vital aspect of election.

04:03 And this is a legal requirement.

04:05 If you look at the Election Act,

04:07 then the relevant sections of it, from Section 221 to 223, I believe,

04:12 there is a detailed process of delimitation in it.

04:15 The election is one and a half months without the law.

04:22 The judicial inclination of the Supreme Court

04:27 to somehow get an election,

04:30 whether it is the law or the constitution,

04:33 I don't understand this logic.

04:35 So, when the Supreme Court says that after the 8th February election is fixed,

04:38 no one in Pakistan will have to come to the Supreme Court to challenge the election.

04:43 But you saw what happened when the petition went to the Lahore High Court.

04:47 So, is there no legal treatment left if people have issues with delimitation?

04:51 There are thousands of petitions in Islamabad alone challenging these delimitations.

04:57 It is in every province. Multiply it.

04:59 So, is this the right position to address these issues only after the election?

05:04 No, this position is completely illegal and totally contrary to the law.

05:11 There is no reality in this.

05:13 For a higher principle,

05:16 obviously everyone wants democracy to be restored in Pakistan

05:22 and a democratic system to be established.

05:24 But the requirement of the constitution and law should not be neglected.

05:29 The law is that the election is already delayed.

05:32 And this election date is not a sacred date

05:37 because the President and the Election Commission have appointed it.

05:41 The election has already been delayed.

05:43 The 90-day timeline of the constitution has not been violated.

05:48 But the delimitations and restrictions were to be done.

05:51 The census was approved by the Council of Common Interest.

05:54 So, without getting into that controversy,

05:56 I understand that it is already delayed.

05:57 That was a big issue of Khyber Pakhtunkhwa Punjab.

05:59 But, sir, I need the request to be filed

06:02 and to demand an intervention from the court

06:05 or to appeal to the court if the insult to the court is understood

06:09 and entertained in its context.

06:11 And that too because the Supreme Court has decided on 8 February.

06:15 So, this does not mean that the elections can be held in any way

06:19 and as long as they are held on a set date or date,

06:23 they will be considered fair.

06:24 Is this what is being argued as of right now?

06:26 You are arguing that this is a kind of judicial activism.

06:33 There is no scope for this in the constitution and law.

06:37 The proceedings that the entire community has seen,

06:41 the way our Honourable Bench No. 1 has held the proceedings,

06:48 the attending circumstances,

06:53 the way the petition has been entertained,

06:55 it cannot be argued.

06:58 Sir, let's talk about the decision.

07:00 You think I should get up from my show and get into contempt.

07:03 Let's talk about the decision.

07:04 That is on the public domain.

07:05 May Allah bless you.

07:07 Everyone should blow their own trumpet.

07:09 But through bureaucracy, through district administration…

07:12 The decision of the Supreme Court is contrary to the constitution and law.

07:22 The direction given is…

07:24 I am not able to understand the regrettable thing.

07:26 There are good judges in this bench in our Supreme Court.

07:30 Justices Mansoor Ali Shah, Atta Mirillah, and other educated judges like Jazil Hasan, Modi Waqtal.

07:36 There are many good judges.

07:39 I am not able to understand why these orders are being issued.

07:42 Saying that it is a good principle to restore democracy is a good principle.

07:48 But for this, you cannot tolerate the negligence of the constitution and law.

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