Judges ki Shikayat Maujoodah Hakumat par Dagh Nahi ? Barrister Aqeel Malik's Statement

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Transcript

00:00Please tell me, Mr. Akhil, that as a collective environment,

00:03as we discussed in the beginning,

00:05that Mr. Salman Ghazali has said that we have an idea of how he is spreading the shadow.

00:08Some things have become open secret.

00:10So, sir, for you, as a member of legal fraternity

00:14and then as a member of this current government as well,

00:17isn't this a worrying thing for you that the matter is not just coming to light

00:22or rumors that the judges are being pressurized?

00:25In fact, it has gone to an unprecedented level.

00:27When you were being suppressed, it was happening then as well.

00:29At that time, Shaukat Siddiqui was coming sometimes.

00:31But now, six judges of the same court are writing and saying that

00:34this is happening, this is happening.

00:35The people of Sargodha are saying different things.

00:38Isn't this a worrying thing for you, Mr. Akhil?

00:42I will take a step back a little before this, Mr. Badami.

00:47And as we discussed on the Sunni Unity Council and the JUIF,

00:51see, the real issue is the same.

00:52My question was very pertinent that this law cannot be picked and chosen.

00:57Where your preference is, that applicability will only be to that extent.

01:02Or the other one that is not suiting you,

01:05the applicability of which is applicable to you,

01:10but that thing is not present in your own constitution.

01:12Mr. Salman Akram Raja did not answer that.

01:15And then he said that both will get it.

01:18Because in our constitution, they have accepted that

01:21in the Sunni Unity Council constitution, non-Muslim seats will not be formed.

01:24So, again, this is a very pertinent question.

01:28I will not discuss it further,

01:32because the Supreme Court has already made a decision.

01:35But whilst you were on break, I wanted to correct you a little.

01:41I have published a newspaper article

01:43in which a detailed response to seven questions was collected by Mr. Rauf Hassan.

01:48In that, he said that PTI was an existing, active and functioning political party

01:53enlisted with ECP under Section 202 of Election Act 2017.

01:58There is no provision in the Election Act 2017 or in its rules

02:02that an enlisted party would lose its organisational structure

02:06after the expiry of five years if no intraparty elections are held within five years.

02:10The response meant to address ECP's reservation said.

02:13So, the organisational structure, again, I am saying that there has been a grave mistake.

02:18And the grave mistake is that he did not go back to PTI.

02:22He joined Sunni Ijtihad Council when a party's structure was existing.

02:27The last thing I would like to say to you is that

02:30this cannot be re-written or re-written.

02:34According to their preference, or the way they want to explain the constitution or the law,

02:40it cannot be done that way.

02:41Or they can say that according to the point of view of necessity,

02:43because we were independent and maybe we were behind a political leader,

02:49yes, we were contested, so we won these seats.

02:52Then we came to another party which did not contest anything,

02:55which did not have its own chairman, fought for its own ticket,

02:58then we joined it, now give us these seats because we did not even fill the list.

03:02So, this will not happen.

03:04The constitution, the law, its rules, its duly applicability,

03:10these will be duly applicable across the board in all political parties.

03:14This cannot be a pick-and-choose.

03:16So, according to your opinion, then...

03:17So, you cannot ask for your preference.

03:19If the new constitution of Jamiat is not approved,

03:22if it is not approved for a moment,

03:23then according to the old version, Jamiat does not qualify

03:26that they should also get a non-Muslim seat according to your opinion.

03:30Am I right?

03:31I have not read their constitution.

03:33So, if you have taken out the time of Sunni Teyaz,

03:35then Sunni Teyaz will not read the constitution.

03:37You should have taken out some time and read Jamiat's constitution.

03:39It would have been a bit more comprehensive.

03:43No, that's right.

03:44That's right, but now see,

03:46what is the decision to be made, I will not comment on it so much.

03:49Yes, it is possible that either they will get it or not,

03:52or no one will get it.

03:54This is a constitutional crisis.

03:56This is a case of first impression.

03:57But a quick comment, sir,

03:58what I said about complaining to the judges,

04:01writing to six judges,

04:04writing to the head of the court separately,

04:05this is not a stain on the current government.

04:08You are a member of the government and a member of the legal fraternity.

04:11So, don't you feel burdened about what is happening?

04:13Absolutely, absolutely.

04:14See, writing to the judges is a very serious matter.

04:17But along with that,

04:18see what kind of aspersions have been cast on the other judges,

04:24including this bench,

04:25in front of which there was a hearing today.

04:27That is, neither a political party saw it nor did they see it.

04:30And on top of that, they said that we do not agree with the head of this bench.

04:36We do not want him to sit in our cases.

04:38So, where did you get the judges from?

04:39Tell me that the judge has to decide for himself whether he wants to sit on this bench or not.

04:45And there is a difference between threatening a judge and doing so, isn't there?

04:51There is a complete difference.

04:52There is a complete difference that you should not use such vulgar words against the judges.

04:57Absolutely not.

04:58Again, it is a political party that has asked the judges to sit on the TV through press conferences.

05:04Mr. Badami also said,

05:06I am sorry, but I don't want to use this word.

05:10But there, there is no cognizance.

05:13It does not come under judicial contempt.

05:15It does not come under any contempt of the court.

05:17When you are abusing the judge, then you should also be abusing the bullet, shouldn't you?

05:24Look, I say across the board,

05:26respect the judges.

05:27Obviously, it is necessary to respect them.

05:30All this cannot come under the guise that

05:33the political party should only see its benefit and see its likeness or dislikeness on the benches.

05:39Yes, justice should be according to the law and the constitution.

05:42And according to the law and constitution,

05:44things should be seen in that context, in that context.

05:47Okay, let's wind up.

05:48I will take the closing comment from you, Mr. Salman.

05:50Before that, you tell us, Mr. Kamran,

05:53you have given your political opinion, of course, everything has come out.

05:55Sir, it will be told.

05:56We will conclude the case from the very beginning.

05:58In your opinion, what are the possible decisions?

06:01That is, either the Sunni Triad Council should get it or not.

06:06Whether the rest should get it or not.

06:08Or there is a possibility that the PTI should get it.

06:10Is that, can that also be a possibility?

06:12Please give a final comment on this, Mr. Kamran Mujtaba.

06:15No, I think that if the PTI gets it and comes to this forum,

06:20then this will not be possible.

06:22Because two forums have been bypassed in the middle.

06:25Either the PTI has come, as Mr. Kamal Chaudhary has said.

06:28But I think that it was not there in the High Court,

06:31and maybe it was not there in the Election Commission of Pakistan.

06:33Okay.

06:34So, if the PTI was not there, then this is not the option.

06:37I don't know what the decision will be.

06:39Because this is not our job.

06:41Our job is only in the court,

06:42to the extent of arguments or to the extent of being presented.

06:45We don't have a job beyond this.

06:47But anyway, I think about the PTI.

06:50It is possible that I am wrong.

06:52It can be wrong.

06:53My opinion can be wrong.

06:55But getting the PTI at this stage,

06:58I think it will not be possible.

07:00And also make a quick comment that

07:02your opinion about the non-Muslim session of the Sunni Triad Council is the same,

07:04or do you also think that their constitution is written,

07:07but this matter is irrelevant to this case.

07:10There is no decision on this.

07:12Either someone would have dealt with this point.

07:14Right.

07:15The Election Commission of Pakistan would have dealt with this.

07:17Correct.

07:17Or the Peshawar High Court would have dealt with this.

07:19And after that, Raitli or Rangli would have said that

07:22the same thing about the JUI.

07:25So, this could have been discussed as a possibility.

07:27And after that, this question would have arisen

07:29that the JUI has been changed later.

07:31Okay, Mr. Salman, a final comment from your side.

07:35I think you have already talked about it.

07:37But if you want to make a final comment regarding this.

07:40Look, it is absolutely clear that the PTI was attacked.

07:44This attack, as has been repeatedly said in the Supreme Court,

07:48was a result of the mistakes of the Election Commission.

07:52Or those mistakes were used.

07:55The Election Commission said exactly this.

07:57I myself filed this case that we should be considered as a member of the PTI.

08:01We should be considered as a candidate of the PTI.

08:04In response to this, there is a decision of the Election Commission on 2nd February,

08:08in which they said that they do not consider Gauhar Khan as a chairman.

08:11Therefore, they do not consider him as a party member.

08:13After that, there was no possibility.

08:15Our structure was not present after the decision of the Election Commission.

08:19So, this is a legal situation.

08:20We could not have joined the PTI.

08:22But this is the reality.

08:24The vast majority of the people of Pakistan voted for the PTI on 8th February.

08:29The candidates of the PTI, who were allowed to succeed,

08:33after their success, they joined the Sunni Jihad Council.

08:38Therefore, the decision of the people of Pakistan,

08:41is present in the Parliament in the form of the Sunni Jihad Council.

08:45The law of democracy requires that it should be respected.

08:48The mistake that the Election Commission made,

08:50should not be ignored and the opinion of the people of Pakistan should not be violated.

08:55And these special sessions should be given to the Sunni Jihad Council.

08:59Apart from this, if there is any decision,

09:01then the form of the Parliament will be ruined.

09:04The Parliament will no longer be a democratic institution.

09:06The Parliament will no longer be a representative institution of the people.

09:11And this is by no means the will of the constitution.

09:14We are not standing on the foundation of a constitutional crisis.

09:17We are standing on the foundation of the destruction of the constitution.

09:19And this destruction is being done by the political parties

09:22and the Election Commission as well.

09:24We hope that the Supreme Court will not let this destruction happen.

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