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Parliment Ka Mushtarqa Ijlaas Talab. Kya Hukoomat Cheif Justice Se Mutaliq Nai Aeni Tarmeem La Rahi?
ARY NEWS
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8/24/2024
Parliment Ka Mushtarqa Ijlaas Talab. Kya Hukoomat Cheif Justice Se Mutaliq Nai Aeni Tarmeem La Rahi?
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00:00
In the beginning of the program, Senator Dr. Musadeq Malik is with us and the rest of the
00:05
ministers are in the Petroleum Department.
00:07
In a short while, Mr. Naeem Haider Panjota will join us.
00:10
He should have joined us, but anyway, he is a little late in coming.
00:14
So, Dr. sir, let's start with you.
00:16
Whoever comes early, whoever comes on time, will be able to say more about themselves.
00:19
Whoever does not come, it is obvious.
00:21
It is their statement, it is their own will.
00:23
Are you bringing anything like this?
00:25
Do you have any desire, any intention, any paperwork, any homework?
00:29
In my opinion, there is a need.
00:31
That is, the two laws that are before you at the moment.
00:36
The reason for that is that the kind of decisions that are coming before you,
00:40
in them, two different contradicting decisions are coming before you, one after the other.
00:47
Half of the people say that this meant this.
00:50
Half say no, this meant this.
00:52
In the middle, it says that both can happen, but let's take this one.
00:55
Okay.
00:56
So, in this order, it has become very clear that whatever language has been written,
01:01
which is written in good faith, its good faith interpretation is perhaps not manifesting in the decisions.
01:10
Because those decisions, then the target of criticism is that the judges of the Supreme Court are criticizing them.
01:15
What do they look like wearing a jubba, they are not politicians.
01:18
After 40 years, they had to correct their judgments.
01:21
Yes, some had to be corrected.
01:23
And the arguments that are happening with each other are also in front of you.
01:27
I mean, it's not ordinary in the court that there are arguments on the decisions,
01:31
or criticism, or whatever is being written.
01:34
What do you call them?
01:35
Contradictory notes.
01:37
So, the language used in it, someone is saying that this is unconstitutional, someone is saying something.
01:41
So, I think that this big thing has become clear now.
01:45
That in both the law and the constitution, the place where clarification is required,
01:50
that clarification should come.
01:52
Because our political future,
01:55
in the doldrums,
01:57
because someone is interpreting it in one way,
02:01
and the other is interpreting it in another way.
02:03
It cannot work like this.
02:04
There was a paper written in good faith, which kept running.
02:07
But a gentleman told me in America,
02:09
that do you know what is the genius of the law?
02:13
I said, no sir, what is it?
02:15
So, he said, provision for change.
02:17
That as time goes by,
02:19
as you are not able to interpret,
02:22
you have a tool to bring a strong change in it.
02:30
And this is also happening in the law.
02:32
Now, from our side, in our group as well as in other groups,
02:36
we have talked about judicial overreach many times.
02:39
The decision of Punjab, the floor crossing one,
02:42
we also took a big hit on it.
02:44
And many legal experts have also done it.
02:47
So, what is proven from all these things?
02:50
That we will have to change some things and clarify them.
02:54
Okay, as you want to change.
02:56
There are two or three points in it.
02:58
One is that,
02:59
by terminating the seniority principle in relation to the appointment of the Chief Justice,
03:03
one of the four or five senior judges should be picked.
03:06
This is also there, isn't it?
03:07
This thing has not come to me yet.
03:10
By the way, there are many countries where this seniority principle is not there.
03:14
The principle is the best judge.
03:16
Whoever is there.
03:17
Because, in a way, like in our army,
03:20
all the top people are the best.
03:23
But, in a way, because there is a lot of political tension in Pakistan all the time,
03:28
there is always a delay.
03:30
So, a method has been decided that the one who is the oldest should be appointed.
03:37
I don't know.
03:38
There is no such suggestion in front of me.
03:40
But it should be.
03:41
Look, I don't know.
03:42
Honestly.
03:43
But I know this.
03:44
There must have been a discussion.
03:45
A school of thought must have said that this should happen.
03:47
A school of thought must have said that this should not happen.
03:49
Look, both.
03:50
One says that, like we say in civil service,
03:53
that everyone reaches to a certain level of incompetence.
04:03
So, this should not happen.
04:05
And if you do this, then this problem will be solved.
04:08
No, it will not be solved.
04:09
This is why I am hesitating a little.
04:12
I want to introduce the complexity in it.
04:15
Look, in the world, it happens that you have never said that
04:19
the oldest person should be appointed as the CEO.
04:22
It doesn't even happen that the oldest person should be appointed as the Prime Minister.
04:26
It doesn't even happen that the oldest journalist should be appointed as the anchor.
04:31
So, when this is not the case anywhere in the world,
04:34
and people do application of mind with seriousness,
04:37
and the best person is given a chance.
04:41
And you have seen that the average age of CEOs,
04:43
I am not saying literal average,
04:46
but if you look at their picture,
04:48
they look like 40-45 years old.
04:50
And now after the new generation,
04:52
you see small CEOs,
04:55
and you say that these are the ages of our children.
04:57
How did they become so successful?
04:59
Now, the age should be put on success.
05:02
Until you become an old man,
05:04
we will not let you succeed.
05:06
This is an interesting point.
05:07
You have made a complexity in your words,
05:09
for the lack of a better word.
05:10
Because on one hand, your suggestion is that
05:12
the term of employment should be increased,
05:14
and it should be increased for everyone.
05:15
This is the suggestion.
05:16
This means that the already existing people,
05:18
because they are indispensable,
05:20
so to make them available,
05:22
we give them 3 years.
05:25
But on the other hand, you are saying that young people should also be there.
05:27
I have told you again that
05:28
these two things that you have said,
05:30
I did not understand.
05:31
You did not understand, but let's go.
05:32
I have heard it on your TV programs.
05:34
I watch it every evening.
05:35
What do I see and hear?
05:36
I go there and talk about it.
05:38
But I think that
05:40
all day long,
05:41
sometimes I am in the Prime Minister's office,
05:43
sometimes I am in my ministry,
05:45
so there is no discussion.
05:48
Mr. Tariq is not telling you,
05:49
he does not tell you in the cabinet,
05:51
because Mr. Tariq does not talk about it,
05:53
he does not talk about it in the cabinet.
05:54
No, I have told you countless times.
05:55
It is going up and down.
05:57
No, it is not like that.
05:58
One thing is that it is irresponsible.
06:01
That I am standing with you and giving an opinion,
06:04
your opinion,
06:05
it should be considered as an opinion of the PMLN.
06:08
Oh, the headline is going on now.
06:10
The doctor has said that
06:11
the judge of the youngest age should be appointed.
06:13
I want to know what are the conversations
06:15
in the PMLN, doctor.
06:16
That is what it is.
06:17
That is what it is.
06:18
I have told you its gist.
06:20
The gist is that
06:21
the way the laws are written,
06:25
and the way the constitution was written,
06:28
both are in good faith.
06:30
Their interpretation of good faith
06:32
is not happening in the courts,
06:33
it is not happening inside the courts.
06:34
It is very difficult to say
06:36
that they are cooperating with each other.
06:38
But look at the kind of criticism they are doing.
06:41
Sometimes it is verbal,
06:42
and sometimes it is written.
06:44
So, it seems that
06:45
some things are not working,
06:48
in which in the form of these decisions,
06:50
there is a clear difference.
06:53
The public opinion,
06:55
which is in the parliament,
06:57
keeping that in mind,
06:58
a new order should be created in it.
07:01
What is the problem in that?
07:03
On the one hand,
07:04
I have told you that
07:05
there is so much polarization in our country
07:07
that the good faith appointment
07:09
becomes controversial.
07:11
On the other hand,
07:12
I have told you that
07:13
the best person,
07:14
not man,
07:15
the best person
07:16
should get the opportunity.
07:19
Thirdly,
07:20
I am telling you that
07:21
in the constitution,
07:22
an order,
07:23
an interpretation
07:24
needs to be created.
07:25
As soon as you touch a piece of paper,
07:27
at the same time,
07:29
there is a solution to it.
07:31
There should be a little moderation,
07:33
a little depolarization,
07:34
the political tension should be reduced.
07:36
How will it happen, sir?
07:37
This is the responsibility of the government.
07:38
If you stop pushing them,
07:40
stop their gatherings,
07:41
then…
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