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"Aj Kay Faislay nay Sabit Kardiya Hai...." Hafiz Hussain Ahmed's Analysis
"Aj Kay Faislay nay Sabit Kardiya Hai...." Hafiz Hussain Ahmed's Analysis
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00:00Kogar sahib, first of all, let's talk to you.
00:02Firstly, this decision has come.
00:04This decision is being looked at from two perspectives.
00:06Pakistan Tehrik-e-Insaf is saying that at last,
00:08justice has been done in some way.
00:10Our sessions should be given to us.
00:12Why was this PMLN given to the People's Party?
00:14On the other hand, the government is saying that
00:16the law has been re-written.
00:18Please guide us.
00:20Has the law been re-written or is there justice?
00:22In the name of Allah, most Gracious, most Merciful.
00:24Anika, all the proceedings of the Supreme Court
00:26that have come before you today,
00:28which has come from 8-5,
00:30and 11-2,
00:32before that,
00:34the process that the Supreme Court of Pakistan
00:36has gone through in the last 1.5-2 years,
00:38you have seen that
00:40one political party,
00:42or any political party,
00:44has been talking big
00:46about the Supreme Court of Pakistan.
00:48And they have been doing this.
00:50Sometimes they say that the Chief Justice is not working properly.
00:52Sometimes they say that there is judicial intervention here.
00:54Sometimes they say that
00:56the Chief Justice of the country
00:58is not making the right decisions according to the law.
01:00Sometimes they say that the benches are not being made
01:02according to their will.
01:04Today's decision has proved that
01:06the Supreme Court of Pakistan is independent.
01:08All the judges of Pakistan are independent judges.
01:10The decision of the Supreme Court of Pakistan
01:12is made according to the conscience.
01:14It interprets the Constitution
01:16according to it.
01:18And today's decision has proved
01:20that there is no external intervention
01:22in this decision,
01:24nor is there any narrative
01:26that the Supreme Court of Pakistan
01:28should make a decision
01:30within two days.
01:32So I think that
01:34if the Supreme Court of Pakistan
01:36has made this decision,
01:38then our political parties
01:40should be careful.
01:42Instead of discrediting the system,
01:44you should criticize the decision.
01:46If you don't like it,
01:48you should challenge it.
01:50But don't say that my Chief Justice,
01:52your Chief Justice, his Chief Justice,
01:54Chief Justice Dominancy,
01:56today proved that
01:58the Chief Justice can also go to the minority.
02:00And the Chief Justice cannot influence
02:02because all the judges of the Supreme Court
02:04are equal.
02:06Now let's come to this decision.
02:08The decision has come that
02:10in the Supreme Court of Pakistan,
02:12as you said in your intro,
02:14the case has gone to the Supreme Court of Pakistan
02:16under Article 51, SIC.
02:18SIC is such a party
02:20that it did not participate in the election.
02:22But the PTI presented it
02:24as a proxy to the Election Commission
02:26that their independent candidates
02:28have joined them.
02:30Therefore,
02:32first you should accept them as a party.
02:34After that,
02:36you should give them a reserve seat.
02:38Whether they agree or not,
02:40it has gone to the Supreme Court of Pakistan.
02:42The Supreme Court had a case
02:44under Article 51, Article 106,
02:46Section 104,
02:48Section 92 and 94.
02:50According to that,
02:52the petitioner had to decide
02:54whether he qualifies
02:56under Article 51 or not.
02:58And we have always seen
03:00in the Supreme Court
03:02that the Supreme Court decides
03:04between the parties
03:06or according to the list
03:08that comes in front of them.
03:10Now the Supreme Court has made a decision
03:12that the Supreme Court
03:14did not talk to them
03:16and they all said that they are disqualifying
03:18and do not follow the process of Article 51.
03:20Now,
03:22in Article 51,
03:24in the second phase,
03:26does the constitution of Pakistan
03:28or the statute of Pakistan
03:30provide a room to the Supreme Court
03:32of Pakistan
03:34to decide
03:36that it is not a political party
03:38and it did not participate
03:40in the election.
03:42You are saying it is not a party.
03:44But I am saying that
03:46for the purposes of Article 51,
03:48Pakistan Tehreek-e-Insaf
03:50does not become a party
03:52for the qualification.
03:54And all the judges of the Supreme Court
03:56agree that Pakistan Tehreek-e-Insaf
03:58is a party.
04:00Anika, two things.
04:02One is that Pakistan Tehreek-e-Insaf
04:04is a party.
04:06Now, being a party
04:08and qualifying under Article 51
04:10are two different things.
04:12For example,
04:14if you want to join the SIC,
04:16you have to fight for the SIC symbol
04:18and within three days,
04:20you have to join the SIC.
04:22Now, the BTI backed candidates
04:24joined the SIC.
04:26After that, the SIC left.
04:28The SIC said that
04:30they have not fought as an election.
04:32And after that,
04:34the decision of the Election Commission
04:36of Pakistan came to the Supreme Court.
04:38Now, the Supreme Court of Pakistan
04:40has to decide whether the decision is right or wrong.
04:42If the decision was made to that extent,
04:44whether the SFC is entitled
04:46or the Government Allied Parties are not entitled,
04:48or the Election Commission of Pakistan
04:50is right to one extent
04:52and wrong to the other,
04:54then...
04:56It was a coincidence that
04:58if these seats were not to be given,
05:00then at least other parties
05:02could not get them.
05:04Mr. Zubairi is with us now.
05:06I will come back to you.