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Election Tribunal Case Major hearing in the Supreme Court | Hassan Ayub's Detail Analysis
Election Tribunal Case Major hearing in the Supreme Court | Hassan Ayub's Detail Analysis
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00:00Top Story viewers, as you know, the elections were held on February 8, 2024.
00:07The questions regarding the elections are still there.
00:14Election tribunals were to be held on that day.
00:17The hope was that the election tribunals will be held soon and the elections will be decided.
00:23But the election commission did not make the election tribunals.
00:28Initially, only two tribunals were held in Punjab.
00:31After that, two more tribunals were held.
00:33Then the Pakistan Tariq-e-Insaf people went to Lahore High Court.
00:36They said that we have so many issues and you have not made an election tribunal there.
00:43Then six judges were nominated by the Lahore High Court.
00:49The election commission objected to that.
00:52They did not notify.
00:54Because the election commission has the right to notify.
00:59The matter went ahead.
01:01There was a petition in the Lahore High Court.
01:03The decision came.
01:04Keeping that decision in mind, the Lahore High Court notified eight election tribunals.
01:10The election commission went to the Supreme Court on that matter.
01:15So, viewers, this case was brought to the Supreme Court today.
01:18Two members of the bench heard this case.
01:21Chief Justice Qazi Faiz Esa's interrogation.
01:24Justice Naeem Akhtar Afghan heard this case.
01:27What was the need of the ordinance?
01:29Chief Justice Qazi Faiz Esa's question to the election commission.
01:33According to the ordinance, additional retired judges can be appointed.
01:37The answer was given by Mr. Sikandar Basheer, who is the minister of the election commission.
01:41When he does not like something, he changes the law.
01:44Qazi Faiz Esa commented on that.
01:47When the parliament made the law, the ordinance is an insult to the parliament.
01:52No reason was given to issue the ordinance.
01:55Justice's remarks.
01:56The parliament changed the law.
01:58So, bring back those things through the ordinance.
02:03Qazi Faiz Esa's remarks.
02:05The matter in front of us is that who can appoint judges?
02:09What does the law say?
02:11Justice Qazi Faiz Esa.
02:13The order was issued by the election commission.
02:21If the decision is passed, we will be able to consult with the Chief Justice of Lahore High Court.
02:27This was the case from the election commission.
02:30Mr. Salman Akram Raja is opposing the issuance of the ordinance.
02:35Qazi Faiz Esa said this while listening to the case.
02:40We are not stopping the election commission from consulting with the Chief Justice of Lahore High Court.
02:46Qazi Faiz Esa's remarks.
02:48According to the law, it is the job of the election commission to make tribunals.
02:52Qazi Faiz Esa's remarks.
02:55The Supreme Court rejected the request of the election commission to approve the formation of election tribunals.
03:01The central demand in front of the Supreme Court is that who can decide the election tribunal?
03:08The Supreme Court has issued a ruling on the hearing.
03:13According to the election commission, the Lahore High Court ruled in light of the Riyadh-ul-Haq case.
03:19The Supreme Court's ruling.
03:21According to the election commission, the Lahore High Court's ruling is not in accordance with the law.
03:25The Supreme Court's ruling.
03:27According to Mr. Salman Akram Raja, the election commission is not a judicial body and cannot use judicial power.
03:37The Supreme Court's ruling.
03:39Mr. Salman Akram Raja has issued a ruling for a five-member larger bench.
03:47The Supreme Court's ruling.
03:49The Supreme Court has issued a ruling.
03:52The Supreme Court's ruling.
03:54According to the election commission's appeal, the appeals are sent to the committee.
04:00The Supreme Court's ruling.
04:02According to the election commission's appeal, the appeals are sent to the committee.
04:08The Supreme Court's ruling.
04:10Mr. Hassan Ayub, this is an important question.
04:14We need an explanation.
04:16And if I am not mistaken, you said that this will be presented and it will be released.
04:22Yes, I said that.
04:24And our opinion on this was that it is a matter of legal explanation.
04:32And I think the Supreme Court will listen to this.
04:36And the initial petition will be approved by the election commission.
04:41And now this will become a larger bench and it will be explained.
04:44No, I disagree with you.
04:49Article 219C states that the appointing of tribunals is a mandate of the election commission.
04:58The Chief Justice spoke about Article 219C in his remarks today.
05:04And even the new Chief Justice said that this is the right of the election commission.
05:08Before this, Chief Justice Amir Farooq has also written in his order.
05:12When the tribunals issue was brought up, he also said that this is the right of the election commission.
05:16Because Mr. Salman Akram Raja has started to make a larger bench.
05:20When he said that we do not want to decide on this case,
05:25we want to make a larger bench on this, then he did not suspend his order of the Lahore High Court.
05:30If we do a comparison, when the case of tribunals went to the Supreme Court,
05:34then that bench suspended the order of the Peshawar High Court.
05:39And then referred the matter to the Panch Rukhni bench or the larger bench.
05:44I am saying that this is justice.
05:49This is justice.
05:51Because these people did not want to make a final decision on this case,
05:55then they did not give their interim order.
05:58They did not suspend it.
06:00This is called textbook justice.
06:05Hassan Ayub, listen to me. People can understand.
06:08People can understand.
06:09Listen to me. Let me complete first.
06:15Your opinion on any issue is respectable for us.
06:19Where is the malice?
06:21The government of the time issued an ordinance on the night of the night.
06:25According to that, the law that was terminated,
06:29that these retired judges are manipulated.
06:33And the Parliament's unanimous opinion was legalized.
06:37That matter was terminated.
06:39And that law was brought in the form of an ordinance night after night.
06:44So the malice that you must have heard from the remarks of the Chief Justice,
06:48that what was the emergency?
06:50What were the reasons?
06:51That you did everything in the presence of a caretaker.
06:56Tell us.
06:57You are insulting the Parliament.
06:59What you are doing is wrong.
07:01Your likes and dislikes have come.
07:04Your remarks have come.
07:05No, I am telling the truth in the remarks.
07:07You tell the truth.
07:08But this matter was not in front of the Supreme Court.
07:10What was it?
07:11The case that was filed in front of the Supreme Court today,
07:13that the appointing authority of the tribunals,
07:15is it the Chief Justice of Lahore High Court of Punjab,
07:18or is it the power of the Election Commission of Pakistan?
07:20This is the case.
07:21Absolutely.
07:22What you are talking about is the remarks.
07:23But in the remarks, they also said this.
07:25In the remarks, they also said very clearly
07:27that this is the power of the Election Commission of Pakistan.
07:31Article 219C is very clear.
07:33But this case of remarks,
07:35they also said that this matter,
07:37which you are talking about,
07:39this is not in front of us.
07:41I will conclude later.
07:42That this matter is not in front of us.
07:44If it was in front of us,
07:45then we would have definitely issued notices.
07:47They also said that,
07:48you have to listen to the audience.
07:50They said that this is not in front of us.
07:51They challenged.
07:52They said that they did it in the High Court.
07:53They did it in two High Courts.
07:54They must have challenged.
07:55I asked them, why did they do it in two High Courts?
07:57They also gave notices.
07:58And the nine people who are the media,
08:00they also gave notices.
08:01So, if it was so simple,
08:02then this matter would have been solved today.
08:04Sir, this is simple.
08:05Now give me one minute.
08:06Just half a minute.
08:07Now take the opinion of the rest of the people.
08:08Half a minute.
08:09Half a minute.
08:10Sir, in my opinion,
08:11you would have given your opinion.
08:12No, I did not give my opinion.
08:13The matter is that,
08:14the matter of the special sessions,
08:15in that,
08:16the Ayin is silent.
08:17There was a need for its explanation.
08:19And it was a mandatory thing
08:21to become a 5-rukuni or a bigger bench than that.
08:24This matter was not about the explanation of the Ayin.
08:27The Ayin is very clear.
08:28That this is the right of the Election Commission.
08:30Even then,
08:31they referred the matter to the committee
08:33to make a larger bench.
08:35So, there is a big difference.
08:36The judges are understanding what I am saying.