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