"Speaker Ka Letter Election Commission ko Toheen Contempt of court Say Bachane ki Chaal..." Barrister Umair Khan Niazi

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#electionact #reservedseatscase #electioncommission #supremecourt #pti #sunniittehadcouncil #nationalassembly #pmlngovt #MariaMemon #SawalyeHai #PTI #ImranKhan   "Speaker Ka Letter Election Commission ko Toheen Contempt of court Say Bachane ki Chaal..." Barrister Umair Khan Niazi

Transcript

00:00Welcome back, after the establishment of this government, we are still seeing that the challenges

00:05are being faced by the law and the government is still in a firefighting mode.

00:09There is no settlement after the elections.

00:11If we look at the age of power, there is a kind of peace after the elections.

00:16For now, it is not there.

00:17The issue of special seats has become hot again.

00:20On September 19, Speaker National Assembly Ayaz Sadiq wrote a letter to Chief Election Commissioner

00:24Sikandar Sultan Raja, in which the allotment of special seats has been appealed.

00:29The Speaker National Assembly wrote in his letter that the Supreme Court has instructed

00:32the Election Commission in its decision to allow Azad Arqan to join another party.

00:38The letter said that according to the act, the candidate who did not give a party certificate

00:43with a paper nomination will be considered free and that free candidate who has become

00:47a part of a political party is not allowed to change the party.

00:51The Speaker National Assembly wrote in his letter that the Supreme Court's decision

00:56to allow Azad Arqan to join the party was under the previous act, which is no longer

01:01applicable.

01:02Now the amended Election Act will remain.

01:04After this, the party position has changed in the National Assembly.

01:07If we look at it now, if we take out 15 seats of Pakistan Muslimi Nawaz, then their total

01:15becomes 110 seats.

01:16If we do not keep 5 reserve seats of People's Party, then it is 69.

01:20The United National Movement is Pakistan's 22nd.

01:23Pakistan Muslim League, Isteqam Party, Pakistan Muslim Zia, we are looking at all of them

01:28as 4-1-1 seats.

01:30The Sunni Jihad Council has 80 seats at the moment and the independents backed by Pakistan

01:35Tariq-e-Insaf are close to 8.

01:37We will talk about this in the section of the program.

01:40Mr. Umair, you are saying that the previous decisions will not be applied.

01:43The current Election Act will remain.

01:45Tariq-e-Insaf's membership was appointed in the personal decision, which was also in

01:49the original decision.

01:50But will it not apply to the previous decisions?

01:53Will the Supreme Court's decision be applicable to the current situation?

02:03This is a completely wrong letter issue.

02:07This has been done completely against the law.

02:10If there is not a law, you are saying that an interpretation of a law was made in the

02:16decision of July 20, that there is a system of proportional representation in the country.

02:21The Election Commission misinterpreted the PTI in the case of the symbol.

02:26They took away the symbol as soon as the party ended and denied the PTI candidates

02:31the status of being PTI and declared them all independent.

02:35Keeping all this in mind, they gave a decision and said that these are all PTI candidates.

02:41And you saw that the Election Commission was called for a follow-up.

02:44Then a short order came and it was reiterated again that all these PTI candidates should

02:50be notified.

02:52Now, because the Election Commission was adamant, it was not implementing this thing.

02:56Now, to give a window to the Election Commission, a legal move has been made to create protection

03:01for them.

03:02However, if you look at it, even if it had to be undone, then you see that it is based

03:07on judgment on Article 51.

03:09Have they amended Article 51?

03:11The reference they are giving is that it will not be applied.

03:16Even today, Article 51 6D is standing there.

03:19There is a system of proportional representation in the country.

03:22Reserve seats have to be given according to the general election seats.

03:27So, it is being done to undo that.

03:29And it is being done at this stage because the objective is to somehow protect the Election

03:34Commission from the contempt of the Supreme Court.

03:37So, to pass this constitutional amendment, another window has to be created for that

03:42also.

03:43Because they are trying their best to somehow get the notification from the Speaker again

03:47which was given to the women of the Noon League and People's Party earlier.

03:51So that they can create another chaos.

03:54But all this is being done which they have got an imported unconstitutional constitutional

03:59amendment.

04:00This is not a settlement, Mr. Rana.

04:02We have seen that the Supreme Court has made a very clear decision regarding the specific

04:07issues at this time.

04:08And this is a majority decision.

04:10Mansoor Ali Shah, who will be the new Chief Justice in this country after 25 or 35 days,

04:16has written it.

04:17This is a majority decision.

04:19Now, the government has written a letter against it again.

04:22Is this a direct confrontation?

04:24Will you not come to the point?

04:27No.

04:28Look, when Section 63A was introduced, we understand that the trichotomy of powers was

04:34violated.

04:35Because according to the Constitution, the Supreme Court cannot re-write the Constitution.

04:41And as a result, the Punjab government ended.

04:46And then there was a lot of re-election in seats.

04:51So, it was being favored.

04:53It was a straight-forward rejection.

04:56The introduction of Section 63A was unconstitutional.

05:00It was done.

05:01Now, its appeal is pending.

05:03Apart from that, the decision that is being discussed now, regarding the reserve seats,

05:08there was no petitioner in it.

05:10There was no demand of PTI to give them seats.

05:15It was all a matter of the Sunni Council.

05:18And there too, they were brought to the plate and things were brought.

05:22Keeping this in mind that you have to deposit tickets.

05:28If you don't deposit tickets, then according to the Election Act, you can't call it that party later.

05:34Keeping in mind that within a time frame, you have to join the party.

05:38They join the Sunni Unity Council.

05:40They deposit affidavits.

05:42Now you say, yes, put them in that Jamaat.

05:45So, the legislation that was implemented in the Parliament,

05:48it was not a new legislation.

05:50The old laws that were already in place, they were reinforced.

05:55So, Mr. Rana, the Supreme Court's majority decision,

05:59which has been later made into a legislative decision,

06:01you are disregarding it.

06:03You feel that it should not be implemented.

06:07Is this where your government stands right now, on this issue?

06:10Look, the thing is that the law is supreme.

06:13And the body that makes the law is the Parliament.

06:17And the law that the Parliament has amended in the Election Act,

06:21it stands today.

06:23And if you have to follow it, then this decision is also a rewriting of the Constitution.

06:30So, I think the Speaker has taken a very good step.

06:34And the supremacy of the Parliament should be established.

06:39And should you get those seats or should the SIC not get them?

06:42That is also fine. Or should you get them?

06:44Look, whatever our opinion is,

06:47No, I want to ask, I want to know the clarity.

06:50Is your opinion that they should not give the seats to the SIC,

06:53they should not give them to us,

06:54or is it your opinion that they should give them to us?

06:56No, look, the Jamaats that have collected their lists according to the law,

07:02within the time frame,

07:04and those who have elected a party that has not even fought an election,

07:11and those who have not collected their seats,

07:14then definitely the pool that is left,

07:17the pool that has followed its procedure according to the law,

07:23then in them, equitably, proportionately,

07:26Sir, then the principle of proportional representation will be violated, right?

07:30That it will not be done this way.

07:31How is it proportional representation?

07:33How is it proportional representation?

07:34When the people who fought the elections,

07:39they will be proportionately distributed within them.

07:42This is our position.

07:43Okay.

07:44This is our position.

07:45Absolutely. And the election commission also supported this position.

07:48The Peshawar High Court also supported it.

07:50Later, the kind of decision the Supreme Court made,

07:52that is in front of you.

07:54And our position on that is also very clear.

07:56Sir, the issue is that you make political statements,

07:59you also explain your point to people,

08:01but in the court, or in legal matters,

08:03you are left with no choice.

08:05Recently, the 8 people who are free,

08:07you are giving the affidavits one by one,

08:10but you have to make the final arrangements for them, right?

08:13The remaining 41 people whose affidavits were declared,

08:17there is a possibility of a 63A application.

08:21Out of the 8 people,

08:22out of the 3 people,

08:23you had a doubt that they might go to the other side and vote.

08:26They did not have a 63A application.

08:29So, you have to make some legal arrangements.

08:34Yes, you are absolutely right.

08:37These were 8 people.

08:38See, we had intentionally kept 4 people out of this process.

08:42Because, see, the election commission,

08:44as I mentioned earlier,

08:46misinterpreted the case with the symbol.

08:48Due to which, we had to park our people, time being.

08:51Of course, we also knew about the Constitution's scheme of things,

08:55that all people will be pressurized.

08:56So, we parked them in the SIC.

08:58But those 4 people were saved because

09:00even in the PTI, they had to keep their offices.

09:02They had to run that structure.

09:03The remaining 4 people were such that their results came late.

09:06If you take the example of Shabbir Qureshi,

09:08he came to the Parliament after 2 months.

09:10The results of these people were delayed.

09:12Because of which, they were left in that process.

09:14If they had come to the Parliament from day 1,

09:17they would have also been a part of the SIC.

09:19This was not the intention,

09:21that they were intentionally omitted.

09:23The circumstances were such.

09:24But later, the affidavits were taken from them.

09:26And now, as you have seen,

09:28yesterday, Mr. Ghumman's affidavit came in front of everyone.

09:31That whole process has been completed.

09:33Right.

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