Supreme Court rejects ECP plea in reserved seats case - Barrister Ali Zafar's Reaction - video Dailymotion

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00:00Ali Zafar has joined us, let's talk to him as well.

00:05It has been said that we have to face the consequences of not acting on the decision.

00:10You have heard Qadir Mandokhil's speech, he says that he is still free.

00:13So, in your opinion, are the PTI people still free?

00:18Because they had already submitted a referendum, to change it later.

00:21They say that this is an out-of-the-way way.

00:24Look, today the Supreme Court, together with 8 judges,

00:30has given its first order of clarification.

00:35After that, I think the game of numbers,

00:39which was there for a long time, whether there are numbers or not,

00:43is now completely over.

00:44And the reason for that is that the Supreme Court has said that

00:48all the lists that the Supreme Court had put up with its order,

00:53it has said that all the people,

00:55whether they have become parliamentary members of the PTI or are going to become,

01:00all the people in that list,

01:02the so-called independent people of Sunni jihad,

01:05who had fought the elections under different symbols,

01:09all of them will be considered to be members of the PTI parliamentary party.

01:15If they are members of the PTI parliamentary party,

01:20then after that, Article 63A applies to them.

01:24That is, Article 63A says,

01:27whose explanation you remember,

01:30the case in which I fought,

01:32and we decided in court, the defection case.

01:36According to that case, Article 63A says

01:40that when a parliamentary leader of a party says

01:44that you do not have to vote in the constitution,

01:49then your vote will not be counted.

01:51You will be defected and the vote will not be counted.

01:54As a parliamentary leader, I have told the senators that you do not have to vote.

01:59And the parliamentary leaders of our National Assembly,

02:02they have also told all the parliamentary members

02:06that you do not have to vote on this amendment.

02:09So when their vote will not be counted,

02:12then it cannot be included in the numbers,

02:14it cannot be included in the counting.

02:16If it cannot be included in the counting,

02:18then you will not get a two-thirds majority.

02:20Let me tell you something about the National Assembly.

02:22Assume for a second,

02:24I am talking about the constitution,

02:27that all the political parties,

02:29except the PTI,

02:31they become one side and say that we have to make a constitutional amendment.

02:34But all the members of the PTI,

02:37all the parliamentary members,

02:39if their vote will not be counted,

02:41even if they take it from them,

02:43then they will not get a majority.

02:46They will not get a two-thirds majority.

02:48So the constitutional amendment cannot be done.

02:50That is why I said that the numbers game is over.

02:53But Mr. Mandukhel is saying that

02:55until the review is not ordered,

02:57until the decision is not made,

02:59then the decision cannot be implemented.

03:01Is that correct?

03:03Look, if there is a review,

03:05and this judgment is changed in the review,

03:09then it is correct.

03:11But if there is a review,

03:13and there is a stay order in the review,

03:15in which this decision is suspended,

03:17then it is correct that

03:19it cannot be implemented.

03:21But if only the review is filed,

03:25it does not stay,

03:27or the order is not suspended.

03:29Until the review does not stay,

03:33there will not be a specific order in the review.

03:35But one thing, when it goes into review,

03:37Mr. Mandukhel,

03:39we will have to wait for the decision.

03:41In the meantime, Mr. Kumar Dilshad has also joined us.

03:43We will talk to him in the evening.

03:45Briefly tell us, if there is a review,

03:47then the decision will not be implemented.

03:49Then we will have to wait for the review.

03:51Mr. Mandukhel, please.

03:53Yes, Mr. Mandukhel, please.

03:55When the review is filed,

03:57you are absolutely right, Mr. Ali Zafar,

03:59that the review cannot be filed

04:01if there is no stay order.

04:03But when the review is filed

04:05and there are no judges,

04:07and they go on leave,

04:09then who will listen to me?

04:11Who will give a stay?

04:13So when the judges are not available,

04:15then the election commission

04:17...

04:19Right now, when we are talking about 14th September,

04:21when a detailed decision was made,

04:23there is a short order for 12th July,

04:25then the constitution of the National Assembly is present,

04:27then practically on ground,

04:29what is implemented?

04:31Mr. Ali Zafar, please guide us,

04:33then I will also take Mr. Mandukhel's answer.

04:35What is applicable?

04:37On ground,

04:39what is applicable is

04:41the main decision,

04:43the majority decision.

04:45That is what is applicable

04:47because there is no stay.

04:49And the clarification order

04:51that has just come,

04:53it has also made it clear

04:55that the election commission of Pakistan

04:57should implement it immediately

04:59because the order is infield.

05:01The order is existing.

05:03And they have said that

05:05if you do not implement it,

05:07then what will be the consequences?

Supreme Court rejects ECP plea in reserved seats case - Barrister Ali Zafar's Reaction

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