Kiya Hukumat Supreme Court Kay Faislay Say Khofzada Hai? Expert Opinions
Kiya Hukumat Supreme Court Kay Faislay Say Khofzada Hai? Expert Opinions
#ptiban #article6 #PPP #PTI #PMLN #bilawalbhutto #pmshehbazsharif #imrankhan #hassanayub #atherkazmi #Amirzia
#ptiban #article6 #PPP #PTI #PMLN #bilawalbhutto #pmshehbazsharif #imrankhan #hassanayub #atherkazmi #Amirzia
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00:00Mr. Atar Kazmi, tell me, this decision that has been taken recently,
00:04in your opinion, was it taken by the government out of fear of a court decision?
00:10If this is the case, then the matter of dissolution has to be taken to the Supreme Court.
00:16So, what was the thought behind it?
00:20Look, obviously, I don't know the secrets of the heart.
00:24Whatever the thought is, it will be revealed to the government, but there are some things...
00:28Obviously, there are some things that we can see,
00:33that the current government frustrates the court decisions at every opportunity.
00:39If someone gets bail, then he can be arrested again.
00:41If someone gets permission for a Jalsa,
00:43if the court takes permission from the DC,
00:46then the commissioner can issue a new order at night.
00:49So, with the decisions of the court,
00:52whatever we saw in the past two, two and a half years,
00:55we don't even get a glimpse of that in the era of any martial law.
00:59Even the martial laws that were imposed in this country,
01:02the people who imposed the martial law also used to bring legitimacy for themselves from the court.
01:07And they used to say that the court has given us permission.
01:09This is the same political and democratic government
01:13that says that we do not accept the decisions of the Supreme Court.
01:15The matters of the elections are in front of you,
01:17and the statements of the ministers are in front of you on the record.
01:20That we will not have elections in Punjab.
01:23Do whatever you want.
01:25You may not agree with the decision of the recent sessions.
01:30I may not agree.
01:31But the kind of criticism that was made,
01:33a minister of a province spoke about the families of the judges.
01:38He spoke about women.
01:40And his decision came from domestic interference.
01:44Is this the attitude of the government?
01:46Have you ever, in your entire political history,
01:50heard any government talk about the judges in the court?
01:55Yes, they do it in the opposition.
01:57They do it in the opposition.
01:59People also put allegations.
02:01But it is very unfortunate that to frustrate the court,
02:04to frustrate the decision, all this is being done.
02:07Okay, Mr. Hassan Ayyub, basically,
02:09after the statement of Mr. Ishaq Dar,
02:12it seems that the government is backpedaling from this.
02:15That is, the decision has not been made yet,
02:16we will discuss now, this will happen, that will happen.
02:18So now, do you think that the reaction that has come out of this,
02:22after that you are backing down,
02:24or what is the thought in the government at the moment?
02:28No, the thought in this regard is that
02:30regarding Article 17,
02:32the intention to impose a ban,
02:34has been announced by Mr. Atta Tariq.
02:36Okay, will you call this a ban or a criticism?
02:39That is a political issue.
02:41This is a matter of criticism, isn't it?
02:43It is a ban, it is a ban.
02:45Whether you call it a criticism or a ban,
02:47the endorsement of Article 17,
02:49has to be taken from the Parliament.
02:51From the Cabinet and the Parliament.
02:53And in the Cabinet and the Parliament,
02:55all their constituencies are present.
02:57But what Mr. Atta Kazmi was talking about,
02:59in reference to the court,
03:01and in reference to the criticism on the court.
03:03Criticizing the court is a different matter,
03:05but the court decision is a public property,
03:07you can criticize it.
03:09Now, the court is on one side,
03:11No, but the way he is giving reference,
03:13talking about the families,
03:15talking about the families,
03:17this is inappropriate.
03:19You can criticize the court,
03:21but it is not appropriate to go to the families.
03:23Yes, that is not appropriate.
03:25But one thing you can do,
03:27that the court,
03:29recently you saw,
03:31that there was a lot of commotion
03:33regarding the intervention,
03:35whether it is the Islamabad High Court,
03:37or the Lahore High Court,
03:39even the Supreme Court,
03:41and the court took up this matter.
03:43Now, look, the court says
03:45that there is an intervention in our affairs.
03:47But on the other hand,
03:49when the court gives its own decision,
03:51through which,
03:53I am talking about the decision
03:55of the constituencies,
03:57through which you intervened
03:59in the power of the parliament,
04:01that is, you have rewritten the constitution
04:03in the name of the constitution,
04:05then can it not be called an intervention?
04:07If it is called an intervention,
04:09then is it a clarification of the court?
04:11It is a public decision.
04:13It is a public property.
04:15And on a public property,
04:17you can say that it is not a correct decision.
04:19No, but Mr. Hassan Ayub,
04:21what is being said,
04:23Mr. Abhishek Bihari was also saying
04:25that it is absolute justice.
04:27When he was asked this,
04:29he did not go for relief.
04:31In the name of complete justice,
04:33it is being called complete justice.
04:35But Article 51 was very clear.
04:37One thing is that the parliament
04:39or the power of the constitution
04:41in the constitution of Pakistan
04:43is the power of the parliament.
04:45And the return carry date
04:47in the constitution
04:49has a total time given
04:51which is three days
04:53in any political party.
04:55Here, not only was the clock reversed,
04:57but instead of three days,
04:59it was made 15.
05:01And look, it was the appeal
05:03of the Sunni Council of the United Nations.
05:05The court dismissed that appeal.
05:07The Sunni Council challenged
05:09in the Supreme Court
05:11which is called an impugn order.
05:13It was satisfied.
05:15Appeals are dismissed,
05:17impugn order satisfied.
05:19Was this a joke?
05:21Before this,
05:23you should tell an example.
05:25You should tell an example
05:27to the entire court of Pakistan
05:29in which such a decision was made
05:31that the appeal was denied
05:33and the decision that was challenged
05:35was denied.
05:37Mr. Amirzai,
05:39there is an impression
05:41that Pakistan is a country
05:43which is an overly legislated country.
05:45All the legislations
05:47and implementations
05:49are not in accordance with it.
05:51Everything is legislated.
05:53We have a written constitution.
05:55Many times,
05:57a written constitution has been interpreted
05:59and some amendments have been made.
06:01I see the British people
06:03who concede
06:05and then congratulate others.
06:07Where there is no written constitution.
06:09We have a written constitution
06:11and people are making fun of it.
06:13What is this mindset
06:15if you can explain it?
06:17These are the people
06:19who are our rulers
06:21and politicians.
06:23The work that you have to do
06:25in the Parliament
06:27and if you go by the book,
06:29it will not go to the court.
06:31It will go to the Supreme Court.
06:33If there is an election,
06:35it will happen on time.
06:37There is an SOP
06:39but unfortunately,
06:41we have the Parliament
06:43and the Election Commission of Pakistan.
06:45These are the parties
06:47who have to sell the democracy.
06:49What if it doesn't happen on time?
06:51It's okay
06:53if nothing happens.
06:55But if a case goes to the court
06:57like you were saying
06:59you can criticize the decision
07:01but you can't
07:03criticize the family
07:05of the judges.
07:07For example,
07:09the party
07:11against which the decision is made
07:13be it PTI or Noon League
07:15they start criticizing the Supreme Court of Pakistan.
07:17This is a golden age.
07:19Noon League had attacked
07:21PTI, PTB,
07:23Malakam.
07:25But remember Noon League
07:27had attacked the Supreme Court.
07:29And they were telling
07:31the people
07:33that they have made arrangements
07:35for Qeema Naan in Punjab House.
07:37This is a golden age.
07:39You can call it a dark age.
07:41There were Tariq Aziz Maroon
07:43and many other people.
07:45So this action is
07:47acceptable.
07:49Absolutely.
07:51If they do it,
07:53it is acceptable.
07:55I told both of them.
07:57I told both of them.
07:59If PTI does it,
08:01it is wrong and Noon League will do it.
08:03But this collective failure of our politicians
08:05that if they would strengthen the parliament
08:07and sit there and make decisions
08:09according to the law
08:11and not undercut each other
08:13then we would not be in this
08:15difficult situation
08:17in this pain.
08:19This is the real thing.
08:21This is their failure.
08:23The old political parties
08:25that are on the path of democracy
08:27have more responsibilities.
08:29You are not even ready
08:31to make a mistake.
08:33You will make a mistake
08:35and that mistake will be repeated.
08:37You should not even repeat it.
08:39You should learn from your mistakes
08:41instead of repeating them.
08:43Mr. Kazmi,
08:45there is a debate
08:47on the case of ad hoc judges.
08:49My basic question was
08:51that if you are a senior judge
08:53in Pakistan
08:55and you have to retire
08:57within three years
08:59of retirement
09:01then you will be
09:03appointed as an ad hoc judge.
09:05This is a negative thing.
09:07It would be better to bring
09:09an extension case.
09:11Second, ad hoc judges
09:13can be brought from the high court.
09:15So, bringing a retired judge
09:17especially in a judiciary
09:19means that if a judge
09:21comes to the Supreme Court
09:23then he will go back to the seniority list
09:25and become a junior judge.
09:27What is your point of view on this?
09:29Look,
09:31everything has a timing.
09:33At the time when these names
09:35have come up,
09:37it seems like a political decision
09:39in the name of Qazi Faiz Issa
09:41and his fellow people.
09:43Everyone is discussing this.
09:45The names of the respected judges
09:47like Nigram Wazir-e-Ala
09:49where the MQM accused
09:51of election theft,
09:53PTI accused of election theft,
09:55People's Party accused
09:57of election theft,
09:59where a political party was not
10:01allowed to do political activities.
10:03So, Nigram Wazir-e-Ala will
10:05come to the Supreme Court
10:07and will provide justice
10:09according to the names
10:11that have been proposed.
10:13So, I think,
10:15we need to look at the court
10:17and the dock judges.
10:19I got you.
10:21Mr. Hassan Ayub,
10:23I would like to comment on this.
10:25Please.
10:27Look, the pendency has reached
10:2960,000 in the Supreme Court of Pakistan.
10:31The court should not come
10:33to political cases.
10:35The cases of the common people
10:37are travelling a lot.
10:39There are jail petitions.
10:41People have been in jail for years.
10:43It is very important
10:45that these cases should be
10:47brought to the Supreme Court
10:49as soon as possible.
10:51The dock judges should be
10:53brought to the Supreme Court
10:55and the number of judges
10:57should be increased.
10:59Otherwise, it is not only
11:01the justice of Pakistan
11:03that people are in jail.
11:05The rest of the world's prisoners
11:07are also in jail.
11:09Mr. Ishwaq, a small comment.
11:11Why didn't the retired people
11:13call for a meeting
11:15and bring me to the Supreme Court?
11:17No one remembered that.
11:19Mr. Amir Zia,
11:21Mr. Waqar's request is still pending
11:23in the Supreme Judicial Council.
11:25Mr. Amir Zia.
11:27Mr. Ishwaq,
11:29I would like to say
11:31that if our politicians
11:33act wisely,
11:35the cases will not be brought
11:37to the Supreme Court.
11:39If the parliament fails
11:41and you don't act on time,
11:43the poor people will come.