SC issues detailed judgement in reserved seats case - Justice(r) Shahid Jamil's Legal Analysis - video Dailymotion

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#OffTheRecord #ImranKhan #PTI #ReservedSeats #KashifAbbasi #ElectionCommission #SupremeCourt #QaziFeazIsa #JusticeMansoorAliShah #JusticeAtharMinallah   SC issues detailed judgement in reserved seats case - Justice(r) Shahid Jamil's Legal Analysis

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00:00Let me ask you two basic questions.

00:02One is, can there be any retrospective legislation that states that it should have been passed

00:073 months ago, 10 months ago, 2 years ago, 4 years ago, 8 years ago?

00:12Are you asking about the Supreme Court or about the legislature?

00:17Yes, sir.

00:18The legislation that the parliament has passed that states that you cannot change parties

00:24but it will be passed in the last election, in the February election.

00:28This has a retrospective effect.

00:30Can such legislation be passed?

00:32Legislation is passed by the legislature.

00:36A decision has been made by the Supreme Court.

00:39And the Supreme Court has declared such an act as illegal.

00:44And they have said that they will not be considered free.

00:49And the PTI, which was a political party,

00:54and just because it did not get a symbol, it cannot be deprived of its candidate.

01:02So this has been declared illegal by the Supreme Court in retrospect.

01:09And here they have said that some of them were in the 80s,

01:15some of them are 39, they have declared that they were of the PTI.

01:20And the rest have been told to declare which political party they were from.

01:27Sir, the PTI was formed on the 49th.

01:30On the 41st, they had to ask which party they wanted to go to and they had to do it.

01:34But at that time, the government made this legislation.

01:37They said that if you have joined the party, now you cannot change it.

01:41The Election Commission also agreed to the fact that the legislation has been passed.

01:45And they passed it in February.

01:48Is there room for this legislation when people make legislation?

01:52Yes, we call this legislation through fiction of law in our legal parlance.

01:58The legislature can create fiction and can change it in retrospect.

02:05But there are some conditions for it.

02:08The first principle in this is that the legislature cannot sit as an appellate court on the decision of a court.

02:19So it cannot simply say that this law will not be passed.

02:24The Supreme Court interprets a law or a constitution.

02:31There is a famous case of malicious trading here.

02:34And we have the same basic legislation in the Pakistani jurisdiction.

02:38In which they laid down a law in the case of Al-Samraiz.

02:44Against that, they changed the basic pavilion in such a way that they said that from the very inception of this law,

02:52it will be read as if this law was like this.

02:56So the court held that the law has been changed from the very beginning.

03:02That is why the judgment of Al-Samraiz will be there.

03:05But it will not be implemented.

03:07In this case, the decision came to a short order.

03:12To end the effect of that short order, legislation was made.

03:17Has the Supreme Court now given a detailed decision?

03:20Will it hold in contempt?

03:22Will it implement it?

03:24Or will it say that because you have legislated, you have applied for it from behind.

03:29That is why your law is the most important now.

03:32Our decision has become irrelevant.

03:34Yes, in your opinion, will the Supreme Court's decision be irrelevant?

03:36No, I think that the Supreme Court's decision has not become irrelevant at all.

03:42There are reasons for that.

03:44This is a difficult period for the ECP.

03:49Will the ECP accept the legislation or the decision?

03:53And if it does its in-writing, then again this court...

03:59But for me, as a law, the legislation that has been done with retrospect is defective.

04:07Because the explanation that has been done...

04:10And just note that the Supreme Court...

04:16His voice has been cut off.

04:17He is saying that the legislation that has been done is defective.

04:20Anyway, I'll come back to that defect.

04:21I'll ask him to clarify this.

SC issues detailed judgement in reserved seats case - Justice(r) Shahid Jamil's Legal Analysis

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