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Kamran Murtaza , Murtaza Wahab Say Naraz....? Murtaza Wahab Reveals
ARY NEWS
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9/19/2024
#kamranmurtaza #murtazawahab #bilawalbhutto #pmlngovt #juif #fazalurrehman #bilawalbhutto #supremecourt #qazifaezisa #constitutionalamendment
Kamran Murtaza , Murtaza Wahab Say Naraz....? Murtaza Wahab Reveals
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00:00
I would like to ask a similar question. You have been talking a lot about the Charter of Democracy.
00:02
You also said in our program yesterday that Mr. Khan is the signatory of the Charter of Democracy.
00:06
Imran Khan is not the signatory of the Charter of Democracy.
00:08
The information that I had, the information that I heard, I had said that if this is not correct, then I can retract it.
00:17
The point is that if he is not the signatory, then he is not ethically bound to the Charter of Democracy.
00:22
No, by the way, even if they were signatory, they would not have believed in it ethically.
00:29
Let's move on to another topic.
00:35
Instead of me asking a question, why don't you tell us what are your suggestions for the appointment of judges in the new judiciary?
00:44
Look, there is a need to understand the background in this.
00:48
I will not take more than 60 seconds.
00:50
America, one of the oldest democracies in the world, is a big country.
00:55
In it, the president of the United States, the elected president, appoints a judge of the Supreme Court.
01:00
And the judge who is nominated has to go to Congress.
01:05
Congress interviews him and then either confirms that nomination or rejects it.
01:11
This is the way of an established democracy of the first world.
01:15
In Pakistan, prior to the 18th Amendment, these powers were absolutely with the President of Pakistan.
01:21
And he used to consult with the Chief Justice of Pakistan.
01:25
And after that, the appointment of judges was made.
01:28
When the People's Party was working on the 18th Amendment, the People's Party tried to mix and match.
01:33
As was happening in America.
01:35
There was a Judicial Commission and a Parliamentary Commission.
01:38
Iftikhar Chaudhary said, no, do it this way.
01:40
This is how the jurisprudence was interfered with.
01:43
Iftikhar Chaudhary did not say this.
01:45
A case was filed.
01:47
A case was filed in the Supreme Court.
01:49
In that, the Supreme Court said, no, this should not happen.
01:51
The result was that the 19th Amendment had to be amended.
01:54
And that Parliamentary Commission became toothless.
01:56
Now, who does all the appointment process?
01:58
The Chief Justice does.
02:00
Any member of the Judicial Commission, whether he is a law minister,
02:04
whether he is an attorney general, whether he is a member of the Pakistan Bar Council,
02:07
he cannot nominate, cannot propose anyone's name.
02:09
So, we believe that we should create a balance.
02:12
We should create a commission in which there is a majority of judges.
02:16
The largest number of judges.
02:18
Sitting judges of the relevant court.
02:20
Of the relevant court, number one.
02:21
On the side of the government, there should be a loyal minister of law.
02:24
There should be an attorney general.
02:25
On the side of the Bar Association, there should be a member of the Pakistan Bar Council.
02:28
If there is an appointment of the Supreme Court, then there should be a member of the Pakistan Bar Council.
02:31
And if there is a member of the High Court, then there should be a member of the Provincial Bar Council.
02:36
After that, there should be four parliamentarians.
02:38
Not of the government.
02:40
Two of the treasury and two of the opposition.
02:42
That is, the majority should not be with the government.
02:45
The majority should not be with Mr. Vukla.
02:47
There should be an independent commission.
02:49
And that independent commission should look for suitable candidates,
02:52
who have good integrity, good reputation, good caliber,
02:56
understanding of all things.
02:58
They should finalize that decision.
03:00
If there is an objection in this, that parliamentarians should not have it,
03:05
then I think, I think this is a little disappointing.
03:10
Until the institutions do not engage with each other,
03:12
do not deliberate,
03:14
you will not be able to resolve matters.
03:16
If there is a deficiency in this,
03:17
if you are saying that by removing the Chief Justice of Pakistan,
03:20
or by removing a judge,
03:22
a mayor is being included,
03:24
a MPA is being included,
03:26
by replacing him,
03:27
then this is wrong.
03:28
But if their biggest number,
03:31
probably in that proposal too,
03:33
six judges are included.
03:35
They will be in the majority.
03:36
Absolutely.
03:37
Towards the end,
03:38
do you think that the next judge of the Supreme Court should not be on the basis of seniority,
03:45
but should be from the panel?
03:46
After going through the whole process.
03:48
There are two opinions in this.
03:50
One opinion is…
03:51
What is the opinion of the People's Party?
03:52
Look, the People's Party thinks that a senior judge should be there.
03:54
Okay.
03:55
In this…
03:56
Okay, you are clear.
03:57
Okay.
03:58
But remember that this Supreme Court,
04:00
in the Lahore High Court,
04:01
did not make a senior judge the Chief Justice of the Lahore High Court,
04:04
but took the third one.
04:05
Again, elevation to the Supreme Court.
04:07
When they were elevating people from the High Court,
04:09
the senior judges of the Sindh High Court,
04:12
were repeatedly bypassed,
04:15
and junior judges were taken.
04:16
So, we should understand this too.
04:18
But your position is that the senior judge should be there.
04:20
We have no objection to this,
04:22
but we can go ahead with the best solution,
04:25
by deliberating on this.
04:26
So, the Chief Justice of the Lahore High Court should be there,
04:30
and the President of Pakistan should notify on the advice of the Prime Minister?
04:33
Yes.
04:34
Because you don't have any other way.
04:36
Okay.
04:37
And can he be a retired judge of the Supreme Court of Pakistan?
04:39
He can be a serving judge or a retired judge.
04:41
Anyone can be a retired judge.
04:42
Anyone.
04:43
I can also be a retired judge.
04:44
Are you a serving retired judge of the Supreme Court?
04:46
No.
04:47
There is also a category of a lawyer.
04:48
Okay.
04:49
So, he can be a senior judge of 40 years.
04:52
You should not become one.
04:53
I have become a senior judge of 40 years.
04:56
And can he be a retired judge?
04:58
Is this an example?
04:59
He can be a retired judge,
05:01
Mansoor Ali Shah,
05:02
Muneeb Akhtar,
05:03
Saqib Nisar,
05:04
Gulzar,
05:05
you name it.
05:06
This is fixed again and again,
05:09
that this reform is person specific.
05:11
This is not an extension.
05:12
If it was an extension,
05:13
then you would have said that this work is being done for a certain person.
05:16
So, anyone can be a retired judge.
05:19
Now, to move this process forward,
05:23
Mr. Bilawal was also saying that
05:25
if Mr. Kamran Mursuza Wahab was answering the phone,
05:28
then it would not have happened.
05:29
So, have you been calling him all day today?
05:32
After yesterday's conversation,
05:34
when there is no call back,
05:35
then I feel that
05:36
a person should understand.
05:38
Mr. Kamran has not called me yet.
05:40
I don't know why he is angry with me.
05:42
So, do you want to call him?
05:44
How many calls should I make?
05:45
How many have you made?
05:46
I will give you the phone,
05:47
you can see.
05:48
I will believe you anyway.
05:49
After calling,
05:50
I have also sent a message
05:51
that if, God forbid,
05:52
his number is deleted from my number,
05:54
then I will write to him.
05:56
Did the message get delivered?
05:57
Did you block it?
05:58
Yes, it has been delivered.
05:59
Okay.
06:00
I mean, his location is known.
06:02
He is on TV.
06:03
In fact, he was on the airwaves at 10.15.
06:05
Before that, he was with Mr. Javed Choudhary.
06:07
I had to see Mr. Bilawal in Kashif's program today.
06:09
Mr. Bilawal said that
06:10
he is taking out time for TV,
06:11
not for you.
06:12
So, why is he angry like this?
06:14
I don't know.
06:15
I swear to God.
06:16
Are you worried about this?
06:17
Worried about what?
06:18
Is Mr. Kamran coming on TV
06:19
and not talking to you?
06:20
I will expect that
06:22
Mr. Kamran should have called back.
06:24
And if he has any objection,
06:25
any point of view,
06:26
in which he thinks that
06:28
he does not agree with our point of view
06:30
or the point of view of the government,
06:32
then he conveys it on the phone.
06:34
He conveys the message that
06:35
Murtaza, I am helpless.
06:37
I can't do it.
06:38
Okay.
06:39
I think he is angry at someone.
06:41
I don't know.
06:42
But I said,
06:43
if there is any helplessness,
06:44
then tell me.
06:45
I have no idea.
06:46
But you have tried to contact him even today.
06:48
Look, I am still saying,
06:49
you should talk about the points
06:51
that can be rectified in this bill.
06:55
Things can be improved.
06:56
Look, one,
06:57
an amendment will be put in this.
06:58
Yes, last one.
06:59
Only one last thing.
07:00
Article 199,
07:01
Suomoto can't take it.
07:02
Yes, yes, yes.
07:03
He can't take the High Court.
07:04
He can't take it, right?
07:05
Yes, yes, yes.
07:06
Many people will say
07:07
that you have stopped the High Court.
07:08
You have made it toothless.
07:09
It has taken a decision.
07:10
This is the Supreme Court's own judgment
07:11
which says that
07:12
the High Court does not have the right
07:13
to take Suomoto.
07:14
And including
07:15
the current Justice Mansoor Ali Shah's
07:17
decisions,
07:18
Muhammad Ali Mazar's decisions,
07:20
Saqib Nisar's decisions,
07:22
Izzat Ma'ab Hazrat Iftikhar Muhammad Chaudhary's
07:25
decisions.
07:27
So, I think
07:30
that anything needs to be thought
07:32
with an open mind.
07:34
We need to decide
07:36
whether the current system
07:37
is delivering or not.
07:39
If the system is delivering,
07:40
then we should approve it.
07:41
And if it is not delivering,
07:44
then I think
07:45
that any conscious parliamentarian
07:48
has the right
07:49
to try to improve things
07:51
for the betterment
07:52
of the people
07:53
and for the betterment
07:54
of this state.
07:55
Right.
07:56
Kamran Murtaza,
07:57
we will ask Rashid Sumro
07:58
in the next segment
07:59
whether everything is fine
08:00
or not.
08:01
I will ask him.
08:02
Rashid Sumro
08:03
was not present.
08:04
I don't know
08:05
what story he will tell us.
08:06
He is coming.
08:07
He is coming.
08:08
We will ask him.
08:09
Thank you very much.
08:10
Thank you very much
08:11
for your time.
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