"Institutions must comply with the Supreme Court's decision, regardless of its correctness"Barrister Ali Zafar's Analysis

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#constitutionalamendments  #reservedseatscase #supremecourt #electioncommission #nationalassembly #pmlngovt #pti #imrankhan   "Institutions must comply with the Supreme Court's decision, regardless of its correctness"Barrister Ali Zafar's Analysis

Transcript

00:00During this time, the ECP has become a rope and the Supreme Court says that it should listen to us.

00:09The National Assembly says that it should listen to us.

00:11The Supreme Court says that our decision has been clarified.

00:14Everything is clear. Now the implementation needs to be done.

00:17The Speaker of the National Assembly says that the law takes a stand on the Supreme Court's decision

00:21and this law has been in force since 2017.

00:25So it will take a stand on the Supreme Court's decision.

00:28So legally speaking, what will it take a stand on?

00:31Will it take a stand on the Supreme Court's decision or will it take a stand on the law?

00:36Obviously, the Supreme Court's job is to implement the law.

00:41Ultimately, the Supreme Court's decision is considered to be the law.

00:46So the law will take a stand.

00:49Parliament's job is to make the law and the Supreme Court's job is to implement the law.

00:55In all this, what the law says is clear.

00:58The law says that if the Supreme Court gives an order, whether it is right or wrong,

01:03then the rest of the institutions have to accept it.

01:06And from the rest of the institutions, my signal is towards the Election Commission of Pakistan.

01:10That is, the Election Commission of Pakistan will have to accept the Supreme Court of Pakistan's order.

01:15So you are telling them to listen to the Supreme Court. You have no other choice.

01:20But the government's response to this is that it is the Supreme Court's responsibility to interpret the constitution and the law.

01:27And they should fulfill that responsibility.

01:29But it is not the Supreme Court's responsibility to write the constitution.

01:31Those things that are not present in the constitution, to rewrite the constitution,

01:36this does not fall under the ambit of the Supreme Court.

01:39You are absolutely right that the Supreme Court cannot rewrite the constitution in any way.

01:47That is, no one can add or subtract anything from it.

01:53But only the Supreme Court can interpret it.

01:56And when the Supreme Court interprets it,

02:01then it is understood that it is the same constitution as interpreted by the Supreme Court.

02:08So this is a very clear thing.

02:11If the Supreme Court interprets the constitution and says that this is what it means,

02:18and if it wants to change that meaning, then the Parliament can change it again for the future.

02:25But the Supreme Court's judgment will be considered valid to that extent.

02:31This is our system of law.

02:34Now the National Assembly is saying that the existence of the movement of justice in Pakistan is over.

02:40Redistribution of the National Assembly.

02:43How do you see that?

02:47Look, we can practically take this matter back to the Supreme Court.

02:54And we can challenge the order given by the Speaker in the Supreme Court.

03:02And we will do it.

03:03But we have to see the main impact of this.

03:06And the main relevance of this matter is whether it makes a difference on the reserve seats.

03:14Because if you are considered a member of the PTI, then the PTI will get the reserve seats.

03:21If you are considered a member of the Sunni Ijtihad, which is what the Speaker is saying at the moment,

03:27then the Sunni Ijtihad will get the reserve seats.

03:29But Ali Zafar Sahib, won't the situation come to square one?

03:32If the SIC wants to get the reserve seats, then the list of reserve seats will start again.

03:38Look, they didn't get the list of reserved seats.

03:41Now what to do about that?

03:42The court has said that, but we are not agreeing with the court.

03:45So this stands at square one again.

03:50Look, as far as the matter of reserve seats is concerned, no legislation has been passed on it.

03:55That is, as far as the decision of reserve seats is concerned, the Supreme Court's decision stands without any controversy.

04:01It is in place.

04:03So it has to be implemented.

04:06Even the Speaker cannot interfere in that.

04:08And he cannot say that a new law has come.

04:11So, at present, the position is that if the Sunni Ijtihad wants to get the reserve seats,

04:16then they will get it, or the PTI will get it.

04:19The PTI will get it.

04:20Other political parties will not get it.

04:22But in all this, I would like to make a comment on your program.

04:28In my opinion, it would have been better if the Supreme Court had given its detailed order soon.

04:35And it would have been better if that order came as soon as possible.

04:39Because a lot of these issues will be solved in a way.

04:44And then there will be no need to debate it.

04:47There will be no confusion.

04:48There will be no benefit or loss of it.

04:50By the way, there is unanimity between the government and the PTI.

04:54So, it would be better if a detailed judgment comes.

04:56But now, let's move towards the amendment.

04:58Mr. Ali Zafar, what happened in the last few days is in front of us.

05:01We had to complete the numbers, we did not have to complete the numbers.

05:03And this is also related to who will get the reserve seats and who will not get them.

05:07Now, if in case, the government or PMLN plays out in such a way that

05:12the reserve seats are distributed between the PMLN, Pakistan People's Party and the JUI

05:16with the numbers 15, 10 and 3.

05:19So, what will happen then?

05:21Will the government's role in the amendment become more important?

05:2515, 5 and 3.

05:27The aim is that as far as the amendment is concerned, the government does not have the numbers.

05:36Now, your question is that if the reserve seats are given for some reason

05:40or given to other political parties, then what will be their numbers?

05:48My answer to that is that the numbers will be given.

05:51But giving the reserve seats will be illegal.

05:54Because it will be against the law to give reserve seats.

05:58It will be against the judgment of the Supreme Court to give reserve seats.

06:02Therefore, their votes will not be counted.

06:06And even if they vote, then due to their wrong votes,

06:11the amendment will not be correct according to the law.

06:15And the Supreme Court will be able to reject that amendment.

06:19So, it is a little complicated argument.

06:21But the argument is that if an amendment is brought through wrong votes,

06:32if the numbers are counted in a wrong way,

06:39then the amendment will not be in accordance with the law.

06:45The amendment will be based on wrong numbers.

06:49And the Supreme Court will be able to reject that amendment.

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