Supreme Court kay Judges ki Tadad Main Izafah Wakht ki Zarurat ya...? Abid Zuberi's Detail Analysis

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#supremecourt #constitutionalamendments #pmlngovt #pti #senate #nationalassembly #supremecourt #supremecourtjudges #chaudhryghulamhussain #khawarghumman #hassanayub    Supreme Court kay Judges ki Tadad Main Izafah Wakht ki Zarurat ya...? Abid Zuberi's Detail Analysis

Transcript

00:00I will tell you about Contempt of Court, right now there is no law.

00:07The punishments given under Contempt of Court, I don't know which law was used.

00:12Because in 2012, when Yusuf Raza Ghilani's Contempt of Court case was going on,

00:19at that time he had made a law which was struck down by Supreme Court.

00:23So, INA Pakistan says, I guess Article 264,

00:27when you strike down a law, the old law doesn't get enforced automatically.

00:36So, I believe this issue, Contempt of Court, why was it needed to be clarified,

00:42or what is it, I don't understand, and which laws were used.

00:45On Friday, you know, when it happened, Faisal Bawda Sahab had made a conference.

00:52See, Faisal Bawda Sahab, many people get a notice of Contempt,

00:56you shouldn't violate your rights.

00:57Dear viewers, we have with us the President of the former Supreme Court Bar.

01:01We know from him that all these cases, about increasing the number of judges,

01:05and the bill which is being presented to end the law of Contempt of Court.

01:10Dear viewers, first of all tell us, that in routine, if the number of judges has to increase,

01:18and that too in the Supreme Court, then this opinion, suggestion, demand,

01:24this generates normally, in the tradition, or what has been there,

01:30the Chief Justice of the Supreme Court, Judicial Commission, who says this?

01:34Of course, the law has to be passed by the government of the time,

01:36has to come through the Parliament, but there is an institution,

01:39the head of that institution will demand, that I want more judges, or something like this.

01:42In the past, what has been the custom?

01:44In the name of Allah, Most Gracious, Most Merciful.

01:46Mr. Shukriya Govind, see, the custom has always been, the tradition has always been,

01:50that if you want to make any change in the matter of Judiciary, or bring any law,

01:56then always, from the Superior Judiciary, i.e. the Chief Justice of Pakistan,

02:00or from his colleagues, they used to ask and bring such changes.

02:05Now see here, it is being talked about increasing the number of judges,

02:09and the same old things, that justice, justice for justice, and these things,

02:14and the cases are very pending.

02:16There is no Court of First Instance, other than Article 184.3,

02:19there are appeals, there is no trial in the Supreme Court, as such.

02:23So, they say that there is so much pendency, and justice is not being given,

02:27and an example is given, that a criminal case was delayed,

02:30and the deceased person was killed.

02:33So, these things, these are all excuses.

02:36The point is that, you yourself saw, there are 17 judges present this time,

02:39so 19 judges should work this time, there are 2 ad-hoc judges.

02:42And suppose, if you want more judges,

02:45then the Judicial Commission appoints 2 more ad-hoc judges.

02:49I mean, what is the point of increasing the number of judges?

02:52That too, a private member bill, that too, a person who was previously in PTI,

02:55now he is in JUI, and I have heard that he has been given a show-call notice from that party.

02:59So, now see, the government, this Gauhar,

03:02which Gauhar talked about, Barrister Gauhar Ali Khan, who is the chairman of PTI,

03:05he said, see, this cannot be done with private member bills,

03:09because in this, Article 74 is there, which says that,

03:12where there is a decision to be drawn from the Federal Consolidated Fund,

03:15the salaries will be drawn, for that, the Federal Government has to move the bill.

03:19Then Article 81 clearly says that,

03:22salaries will be given on the Consolidated Fund,

03:25of the Supreme Court judges and the Islamabad High Court.

03:28So, all this is also present.

03:30All these things being there, a private member bill was brought in.

03:33If the government was serious, and the public was in so much pain,

03:36then why didn't the government move it?

03:39Now, Hassan will also ask you a question.

03:42See, I don't know if you need an opinion, whatever it is,

03:45please tell us a little about the law of the Contempt of Court.

03:49So, the law is there?

03:52Yes, the law is there.

03:53Does the court have the authority?

03:55Under which article does the court have the authority?

03:58See, this article, whether this law is there or not,

04:01this Contempt of Court Ordinance of 2003,

04:04and this has also been upholded by the Supreme Court.

04:07The full bench of the Supreme Court had also upholded this law in 2003.

04:11So, 2004 is the judgement of the Supreme Court.

04:14Sir, it was repealed in 2012, right?

04:17No, that was the Contempt of Court Act.

04:20No, that was the Contempt of Court Act, which was brought in 2012.

04:23It was declared by the Supreme Court,

04:25that it is the case of the late Baaz Mohammad Bakarkat of 2012.

04:28So, the law that is applicable today is of 2003,

04:31Contempt of Court Act.

04:33And it was also upholded earlier, and also later.

04:35But if you see, even if these articles are not there,

04:38Article 204 gives the power to the Supreme Court and the High Court

04:43to decide who can appeal in Contempt.

04:45Recently, it was invoked when the notice was taken from the Supreme Court.

04:48Yes, so see, if these articles are repealed,

04:50who will suffer the loss of repeal?

04:51All of us will.

04:52Me, you, and all these registrars.

04:54Because see, it is written in it,

04:56if two judges appeal in Contempt,

04:58then you can appeal in front of three judges.

04:59If three judges appeal, then you can appeal in front of five judges.

05:01If five judges appeal, then you can appeal in front of seven judges.

05:03So, there is a section 19 of the Appeal,

05:04in which you can appeal.

05:05If three judges of the Supreme Court appeal in Contempt,

05:08then you can appeal in front of five judges in the Supreme Court.

05:11So, you can finish it.

05:12Sir, what does Article 264 say?

05:14I am forgetting.

05:15Article 264 of the Constitution.

05:17See, Article 264 says,

05:19that even if a law is repealed,

05:21even if a law is repealed,

05:22the proceedings that are going on in it,

05:24will continue.

05:25This is that law.

05:26Article 264.

05:27So, it goes beyond that.

05:29Even if a law is repealed,

05:30even if a law is repealed,

05:31its effect will be like that of a police officer.

05:32Mr. Chaudhary wants to ask you a question.

05:34Mr. Chaudhary wants to ask you a question.

05:35In your opinion,

05:36is there a law?

05:37No, there is not.

05:38So, a senior lawmaker is presenting it.

05:42I am surprised about this.

05:45I am surprised about these lawyers.

05:47Look at this bill.

05:48I am surprised about them.

05:49You see,

05:50They are mentioning Contempt.

05:52Yes, yes.

05:53Sir, listen.

05:54Mr. Zubairi.

05:55Listen to this.

05:56Mr. Zubairi is referring to the 2003 ordinance which has been upholded by the Supreme Court.

06:03He is saying that it has been repealed.

06:04Sir, it has been upholded, but when the new law was passed in 2012, the old law was abolished.

06:10He abolished the Act and said that the old law can't be repealed.

06:12Supreme Court had declared that the Contravention of the Court Act of 2012 will remain the same as it was in 2003.

06:19Let's go.

06:19It is the judgment of Baaz Mohammad Kakar.

06:21It is based on the judgment, not the law.

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