Agar Yeh Qanoon Supreme Court Ke Faislay Kay Khilaf Nahi To Phir Jhagra Hi Bahi, Barrister Ali Zafar

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00:00Mr. Ali Zafar, can you tell us where and in what way do you see the non-public aspect?

00:07It is a very simple thing to understand.

00:10I know the situation, but before I answer it,

00:14the statement that you have given on the program today,

00:17I think it has been moved by their party,

00:21this bill is in the government,

00:23their interpretation of this judgment

00:26and then their interpretation of the law,

00:29they are saying that this law was not made to remove this judgment.

00:34If this is true, then there is no dispute,

00:37then in the future, no doubt,

00:39if this law is implemented,

00:41if it does not affect this judgment,

00:43then certainly, and if they do not intend to do so,

00:46then there is no dispute with this law.

00:49The dispute is that the Supreme Court of Pakistan passed a judgment.

00:54The Supreme Court of Pakistan said,

00:56this is the meaning of Article 51 and 106.

01:04The Supreme Court said,

01:06you say that this judgment is wrong.

01:08The Supreme Court interpreted it wrongly.

01:10This is not the meaning of Article 51.

01:13This is not the meaning of Article 106.

01:15We want to clarify the real meaning of Article 51 and 106.

01:21This is their position.

01:23Now, if they want to clarify,

01:25and they have a disagreement,

01:27they say that this judgment is wrong,

01:29and Article 51 and 106 are interpreted wrongly,

01:35then they will have to bring a change in Article 51 and 106.

01:41They will have to clarify that.

01:43And it is not possible that

01:45you can change the interpretation of Article 51 and Article 106

01:51indirectly through the common law.

01:55You will have to amend the Constitution.

02:00For that, you need a two-thirds majority.

02:03If you change any part of the Constitution,

02:07and change any judgment of the Constitution,

02:10through the common law,

02:12then it will be very easy for you to bring a new interpretation of the Constitution,

02:16a new law,

02:18and this is the meaning of Article 51 and Article 106.

02:20And that law will be changed.

02:22This is not allowed.

02:23If you want to clarify any part of the Constitution...

02:26But sir, there is a more dangerous aspect to this.

02:28If the Supreme Court gives any decision

02:30that you do not agree with,

02:32or that does not suit you politically,

02:34will you keep clarifying?

02:36No, no, Mr. Mehar.

02:38There is no such thing.

02:39Look, the thing is that there was a case

02:41in which their people willingly joined the Sunni Jihad Council.

02:45The Sunni Jihad Council filed a petition

02:48and argued the case.

02:50And said that we are the people who joined the Sunni Jihad Council.

02:53We are the Sunni Jihad Council.

02:54We are a community.

02:55And we should be given these seats.

02:56PTI was never party to this case.

02:58PTI never asked for this.

03:00PTI never existed in that case.

03:02Sir, you are giving me a minority judgment.

03:04No, no.

03:05You tell me, was PTI a party to that case?

03:07No, no, sir.

03:08But you have gone into review.

03:10You have a right to review.

03:11Sir, this is also very unusual that

03:13before a detailed judgment,

03:14two judges came out and

03:16gave their final verdict on a brief decision.

03:19And after that, a constitutional body

03:21is being told not to act on this decision.

03:23No, you are rushing ahead.

03:25I am making it clear to you.

03:26Didn't PTI get such a relief

03:27in the case in which it was not a party?

03:29Did any of their people…

03:30Sir, let me ask you a question.

03:31No, and the second thing.

03:32Sir, your question cannot be asked from me.

03:33No, look, the second thing.

03:34Mr. Bilal, listen to my question.

03:35And the second thing.

03:36What violation of rights has taken place?

03:37No, wait.

03:38There is a difference in the explanation of the constitution

03:39and in the rewriting of the constitution.

03:40The court has a right

03:41to interpret the constitution, yes.

03:43But these two judges in front of you,

03:45the honourable justices of the Supreme Court,

03:48who are perhaps better students of the law

03:50and the constitution than I am.

03:52Sir, they are saying…

03:53They are saying…

03:54Not the other eight.

03:55No, no.

03:56They are claiming to be better

03:57constitutional experts than the other eight.

03:58No, no.

03:59What I am saying is that

04:00they are saying that

04:01you will have to put new articles in the constitution.

04:04And look, our review petition…

04:05Sir, why are you not quoting the eight

04:06that you are quoting?

04:07Why are you not referencing those eight?

04:09No, no.

04:10We are not saying anything against the eight.

04:12We are challenging their judgment.

04:14Majority judgment.

04:15Yes.

04:16Which we have challenged through a review petition.

04:17Absolutely.

04:18And majority judgments can be wrong.

04:19And that is why the provision for review exists.

04:20Absolutely.

04:21And I am still…

04:22But it is still necessary to act, sir.

04:23This is not a banana republic.

04:24No, no.

04:25It is not my job.

04:26I am a lawmaker.

04:27We are a community

04:28which is an aggrieved party

04:29and has submitted a review petition.

04:30It is your job to interpret the law, sir.

04:32No, no.

04:33It is my job to make laws.

04:34Make the law.

04:35Make the law.

04:36Not interpret the law.

04:37And if a decision is made

04:38and a review petition is submitted

04:39then it is the right of the party

04:40to submit a review petition.

04:41We have used that right.

04:42That is right, sir.

04:43Now what are you doing?

04:44You are explaining this.

04:45No, I am not.

04:46I am in front of you.

04:47I am in front of you.

04:48You are not ready

04:49to accept my position.

04:50You are adamant.

04:51Why are you quoting one thing?

04:52Sir, because I see

04:53everyone's high and low

04:54that they should not act on this decision.

04:55You should not take

04:56two-thirds of the responsibility, sir.

04:57You are comfortably

04:58sitting in the government.

04:59What is the problem?

05:00You are telling me,

05:01Mr. Bilal,

05:02you have brought this bill.

05:03In this, you have said

05:04that he has submitted a party ticket.

05:05You have said that

05:06you have not submitted

05:07a list of reserve seats.

05:08I have to do it.

05:09I have to do it.

05:10I am asking you a question.

05:11Do it this way.

05:12I will ask you three questions.

05:13I have three questions.

05:14Let me ask you a question

05:15of this nature, Mr. Bilal.

05:16Yes, tell me.

05:17Before 8th February,

05:18the rights of a party

05:19were violated.

05:20The rights were infringed.

05:21Yes, they were.

05:22I will answer for you.

05:23I will make it easier for you, sir.

05:24I know it will be hard.

05:25No, no.

05:26It is not hard at all.

05:27The Supreme Court

05:28should not redress

05:29if the rights are infringed

05:30or someone is wrongly accused.

05:31The Supreme Court

05:32believes that

05:33there were such circumstances

05:34where due to confusion

05:35people's declarations

05:36and certificates

05:37were not being accepted.

05:38Retrospectively,

05:39the Supreme Court

05:40has corrected

05:41that injustice.

05:42It has redressed it.

05:43It has given a chance

05:44to make amends.

05:45It was wrong

05:46when your people

05:47were removed

05:48from the Senate

05:49independently.

05:50Even today,

05:51the 63A was rewritten.

05:52It was rewritten.

05:53I agree with you.

05:54It is being rewritten today, sir.

05:55I do not think it is being rewritten.

05:56So, I do believe

05:57that you are using

05:58all kinds of handcuffs

05:59for a desperation

06:00of a two-third majority

06:01which you cannot tell me

06:02why you are desperate for it.

06:03I agree with you.

06:04I agree with you.

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07:00I agree with you.

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