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"Agar Yeh Constitutional Amendment Hogai Tu...", Fawad Chaudhry Raises Concerns
ARY NEWS
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9/14/2024
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00:00
But Mr. Fawad, let's move back to the political scenario.
00:04
In Islamabad, as you said, meetings are going on.
00:07
The purpose of these meetings, and it has been said by the Prime Minister,
00:11
that you people don't have to go anywhere, all the PMLN people, all the government people should stay here.
00:15
Talks are going on, meetings are going on,
00:18
there has been an uproar over the amendment of the constitution in Islamabad.
00:21
But, the fact remains, that if, in case,
00:24
the amendment of the constitution comes tomorrow, and it is passed,
00:29
then the scenario after that,
00:31
will the court accept it?
00:34
Will it remain silent?
00:36
You don't see any reaction to this?
00:38
No, look, from today's decision, it has been decided that
00:43
the constitutional amendment, the Supreme Court,
00:47
at least the majority of the judges, will not go with it.
00:51
Now, we don't know what the amendment that is coming is.
00:55
For example, three things are going on.
00:57
One thing is that three years of extension should be given to all the judges,
01:01
so that Faiz Issa Sahib gets three more years.
01:04
The second thing is that this extension should not be given,
01:07
and the judges should be terminated from the seniority principle,
01:12
and the Chief Justice should be made out of five judges.
01:15
A third proposal is going on, which I have read somewhere about the Law Minister,
01:19
he is saying that we have to make a new constitutional court.
01:22
Now, this new constitutional court,
01:24
look, this was the concept of Walaite-e-Faqih,
01:27
which Imam Khamenei brought to Iran,
01:30
and now there is a collegium in Iran, which makes all the decisions.
01:34
That is, there is no power of parliament, president,
01:37
it is a collegium of 8-10 people, which makes the decisions.
01:41
If you make this court, then it means that
01:44
the parliament in Pakistan is over, there is no solution to it.
01:47
Then 7-8 people will sit on top, and they will make all the decisions,
01:51
they will tell what is the constitution, what is not, what is what.
01:54
Then your parliament is completely over.
01:57
Now, the first two cases are not acceptable to the Supreme Court.
02:01
The judges of the Supreme Court have clearly said that
02:04
Faiz Issa Sahib will have to go.
02:06
Not just the Supreme Court, even in the High Court.
02:08
That is why when I spoke to you in the beginning,
02:11
I did not understand that the establishment and the government
02:14
have this policy of keeping Faiz Issa Sahib.
02:17
When such a large number of judges of the High Court
02:20
and two-thirds of the judges of the Supreme Court
02:23
have clearly told you that the current Chief Justice will have to go.
02:27
If you keep them, what benefit will you get from it?
02:31
Why do you need to fight with the Supreme Court so much?
02:35
But their argument is that political motivation should not be in the court.
02:40
Obviously, we cannot cross that red line.
02:43
But both sides put this allegation on their own judges
02:47
that they are politically motivated, so the case cannot move forward.
02:51
So that is why it is necessary to amend it.
02:53
But this is a rhetoric.
02:56
You tell me that if you go on political rhetoric and not on substantive law,
03:04
it is a simple thing.
03:05
This is the moral justification of the government,
03:08
which is not present.
03:10
And they only have reliance on the stick, the stick, the gun
03:15
to keep themselves stable.
03:17
The problem with such governments is that
03:20
when even a little bit of coercion starts to go down,
03:23
fear starts to go down, they get trapped.
03:26
You just saw that the Jalsa took place in Islamabad.
03:29
And just like there was a demonstration of indifference,
03:32
10 MNAs went to the Parliament and arrested them.
03:36
So the problem here is that the judges have to be pro-PTI.
03:42
Whoever knows these judges in the Supreme Court, the High Court,
03:47
they know that they have no sympathy with PTI.
03:50
They are independent judges and have the best legal minds in Pakistan.
03:54
There is no doubt about it.
03:56
The problem with this government is that they don't even want neutral judges.
04:01
So this is unfortunately the reality that the government needs very biased
04:06
judges who can write their own prosecution.
04:10
It is an independent judiciary.
04:12
And what is the problem in Pakistan right now?
04:14
The last point, sir, with your permission.
04:16
The core problem in Pakistan right now is that
04:20
we want to run the martial law democracy together.
04:23
This is not possible.
04:25
You want to keep the tag of democracy,
04:28
you want to run the martial law.
04:30
Wasn't it like this in 2018, sir?
04:33
Sorry.
04:41
Although two wrongs cannot make a right.
05:02
We were a part of the western bloc.
05:04
We were fighting wars here.
05:06
Of course, there had to be an army.
05:08
But what is happening in 2024,
05:11
this exact situation that we have started from 2022,
05:15
this has never happened before in Pakistan.
05:18
In Pakistan, or after this, what have you done?
05:22
This is the problem.
05:24
You have made such a man the Prime Minister who has 18 seats.
05:28
Can Mr. Zardari and Mr. Shabaz Sharif be the Prime Ministers in this country?
05:33
If there is a little bit of democracy in the country.
05:36
These questions obviously come from the PTI.
05:39
But please explain this to me at this time.
05:41
Because now it's not just about legal reform.
05:43
Where does the PTI come from, Anika?
05:45
This has happened in front of the whole of Pakistan.
05:47
This is not an issue of the PTI.
05:49
I understand what you're saying.
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