"Practice and Procedure Bill ko Tabdeel Na Kiya Jaye..." Bilal Azhar Kayani's criticism on PTI

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#practiceandprocedure #supremecourt #qazifaezisa #pti #nationalassembly #kashifabbasi #offtherecord   "Practice and Procedure Bill ko Tabdeel Na Kiya Jaye..." Bilal Azhar Kayani's criticism on PTI

Transcript

00:00Practice and Procedure Bill, the way it was promulgated,

00:05today, those people want it not to be changed,

00:08who at that time used to say, including PTI,

00:10that only individuals should have power.

00:12First, the Practice and Procedure Bill was given a stay order.

00:15This should not even be legislated.

00:17This is an attack on Independence of Judiciary

00:19that three judges are being given this power.

00:21So, this is the first thing.

00:22So, you said, who were on your side?

00:24These judges, these judges.

00:26No, no, sir, it is a request.

00:27We are still on three judges.

00:28But see,

00:29Which is the third judge?

00:30No, no, sir.

00:31One plus two.

00:32No, no, sir.

00:33So, you mean to say that the third judge,

00:35is his integrity so compromised,

00:37that the situation can be compromised.

00:40No, sir.

00:41This is casting aspersions.

00:43But you did cast that aspersion at the very onset.

00:46At least listen to the logic of why this change has been made.

00:49So, in my view,

00:51when Justice Fardeh Wahid had power,

00:53it was not an ideal scenario.

00:55There was improvement in that.

00:56When the democratization of the Supreme Court took place,

00:58and three judges got this power.

01:00So, in the beginning,

01:01the Chief Justice and the next two senior most judges were in that law.

01:03But after that, as I understand,

01:05there has been a need for flexibility.

01:07See, sometimes, all three judges may not be available.

01:10But benches have to be formed.

01:11So, a motto has to be made.

01:12So, in order to provide that flexibility,

01:14and in order for different judges to get that,

01:16different judges to get a chance,

01:18this flexibility,

01:19Sir, let me,

01:20Sir, let me,

01:21Sir, let me,

01:22Let me give you an argument.

01:23Let me accept your argument,

01:24that there should be flexibility.

01:25No, there is one more thing.

01:26Muneeb Akhtar attended every meeting.

01:28Justice Muneeb Akhtar.

01:29No, that is fine.

01:30But see,

01:31What is the reason to change?

01:32See, friend, third thing.

01:33That ordinance is not limited to just this section.

01:36In that ordinance,

01:37cases were heard on the basis of first in, first out.

01:40In that ordinance,

01:41So, you are saying,

01:42listen,

01:43you,

01:44take a vote of no confidence in the assembly,

01:47Deputy Speaker,

01:48through a loodling,

01:49finishes it.

01:50And says,

01:51Sir, I do not agree with this motion of no confidence.

01:53And I reject it.

01:54So, Supreme Court should wait.

01:56If it has 4,000 cases pending,

01:58that those 4,000 cases will be over.

02:00Then it will be its turn.

02:02I will call this again.

02:03No, Sir, there is qualification in this.

02:05See, in that ordinance,

02:06No, no, there is qualification in that ordinance,

02:08that with certain qualifications,

02:09generally,

02:10the principle of first in, first out should be applied.

02:12It should not be that there is a party,

02:14whose case has been stuck in the Supreme Court for 20 years,

02:16and the petition is not being filed.

02:17So, see,

02:18where there are contingencies,

02:19where there are certain cases,

02:20which have to be finalized in a timeline,

02:22or there are other reasons,

02:23those qualifications are also there.

02:24Apart from this,

02:25we have talked about the transcription of every case.

02:27Apart from this,

02:28where 184.3 is invoked,

02:30so, we have to record the reasons in that.

02:32Going forward,

02:33that 184.3,

02:34Sir, you have given two votes to the Chief Justice of Pakistan,

02:38that you should appoint a person,

02:39a judge,

02:40as your deputy.

02:41In this country,

02:42the argument of bench fixing,

02:43you gave it to us.

02:44No, Sir,

02:45you used to say,

02:46that there is bench fixing.

02:47What is bench fixing?

02:48That the Chief Justice,

02:49appoints a judge of his own will,

02:50who follows his own thinking,

02:51to sit with him.

02:52No, no,

02:53that is…

02:54If that was the case,

02:55this practice and procedure came to end this.

02:56No, no,

02:57look…

02:58And we used to say to those people,

02:59that it is a good thing,

03:00to do democracy,

03:01Supreme Court.

03:02Today,

03:03you have done this,

03:04that you have said to the Chief Justice,

03:05Sir,

03:06one person of your own will,

03:07one you.

03:08Now,

03:09two people together,

03:10wherever two people go,

03:11it will happen.

03:12Now,

03:13the decision of 63A will come.

03:14I will come back to this.

03:15Yes, yes.

03:16Mr. Zain Qureshi,

03:17how do you see this practice and procedure?

03:18Do you also see it correctly,

03:19that at that time,

03:20it was necessary,

03:21that there should be three judges.

03:22Now,

03:23it is necessary,

03:24that no, no.

03:25Now,

03:26there is no need for democracy,

03:27in the Supreme Court.

03:28Now,

03:29we need this.

03:30Look,

03:31Mr. Kashyap,

03:32you have made

03:33a very correct point,

03:34and I feel pity for

03:35Mr. Bilal Kiani.

03:36You have trapped him

03:37in such a difficult place,

03:38that he cannot even

03:39give the right answer,

03:40even if he wants to.

03:41Now,

03:42what is Bilal doing?

03:43He is doing the typical,

03:44Noon League thing,

03:45that he is going into pedantics,

03:46he is going into his details.

03:47Basically,

03:48Sir,

03:49this is a moral issue,

03:50and morally,

03:51Noon League has come

03:52on a very weak wicket.

03:53He has said in the forum,

03:54that those people are making noise,

03:55who did not want it before.

03:56Leave those people,

03:57brother,

03:58you talk about yourself,

03:59that what noise

04:00did you make?

04:01You amended the practice

04:02and procedure,

04:03you said,

04:04that one person

04:05should not have

04:06this power.

04:07Like,

04:08Mr. Kashyap just told everything,

04:09and you said,

04:10that three people

04:11should decide.

04:12What is happening today,

04:13Mr. Kashyap?

04:14Today,

04:15it is happening,

04:16that among those three judges,

04:17the senior puny judge,

04:18Mr. Mansoor Ali Shah,

04:19he is refusing to sit

04:20in the meeting,

04:21and he is giving

04:22a very strict reaction

04:23to that,

04:24and he is saying,

04:25that removing

04:26Justice Muneeb Akhtar,

04:27and putting in

04:28Justice Sabeen-ud-Din,

04:29why did you

04:30need this?

04:31If you said,

04:32Sir,

04:33we know why

04:34you needed this.

04:35that three people

04:36should decide,

04:37then you did

04:38that.

04:39At that time,

04:40there was no need.

04:41At that time,

04:42there was no need.

04:43At that time,

04:44there was no need.

04:45At that time,

04:46there was no need.

04:47At that time,

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