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PTI Ko Chief Justice Ke Bench Mein Bethnay Par Aitraz Kyun?? Barrister Umair Niazi
ARY NEWS
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9/24/2024
PTI Ko Chief Justice Ke Bench Mein Bethnay Par Aitraz Kyun?? Barrister Umair Niazi
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00:00
Today, Mr. Niazi, you were saying that you have objected to sitting on the bench of the current Chief Justice.
00:07
Earlier, many times, your Jama'at acted cautiously and objected to this.
00:13
That objection was not made. Why was it objected today?
00:16
Because there were many issues, many stages where you could have objected.
00:20
Categorically, it was asked from the class and they said, no, no, we will not object.
00:23
But it has happened today. Why?
00:26
No, it has not happened today.
00:28
Earlier also, these writing applications were submitted by Mr. Khan with documents.
00:33
In which, Mr. Khan has taken a categorical stance that you should not listen to my cases, my party's cases.
00:39
Disassociate them. That application has not been put up in the Supreme Court till date.
00:43
Apart from that, that application of Mr. Khan has not been put up.
00:47
No petition of Mr. Khan has been taken up.
00:49
Today, they are talking about taking up the review, whether it should be put up or not.
00:53
There is a petition on 9th of May by Mr. Khan.
00:56
There is a petition on 8th of February by Mr. Khan, which has been taken up.
01:00
Till date, no one has taken it up.
01:02
That too, under Article 184-3.
01:04
This is not a matter of pick and choose.
01:06
Overall, if you see, this has been the case in the past.
01:09
Take the speech of Mr. Nawaz Sharif.
01:12
It took him a minute and 12 minutes to get the second sentence.
01:15
At that time, he used to say that we live in the colony of humans, not in the colony of animals.
01:21
Today, the decision of the reserve seat is very tight.
01:24
While implementing it, they are saying that the constitution is being rewritten.
01:28
What kind of a thing is this?
01:30
When your time-barred appeal has been going on for 8 years, in the case of conspiracy,
01:35
if that is put up and Mr. Nasir Mulk gives you relief in that,
01:38
that would be a very good Supreme Court.
01:40
If you put a container on the Supreme Court and abuse it in front of the Supreme Court,
01:45
there is nothing on that.
01:47
So, all the problems can be seen in the PTI.
01:50
At the end of the day, there is nothing.
01:53
Quickly, you are not implementing the decision of the reserve seats.
01:56
We don't even have to do it.
01:58
It is not our job.
01:59
Who has to do it?
02:00
The Election Commission has to do it.
02:01
What does it have to do with the government?
02:02
Very convenient.
02:03
Why is the Law Minister saying that we have to implement this decision?
02:06
The position of the government comes under this construction.
02:10
They have issued a review petition challenging this judgment.
02:13
First, it should be entertained.
02:15
And there should be a hearing on it.
02:16
Secondly, there is a Supreme Court judgment in front of the Election Commission.
02:19
But along with that, there is an amendment to the Elections Act.
02:22
And there is a letter on the Speaker of the National Assembly as Custodian of the House.
02:26
In which the Speaker has said that,
02:28
keeping in mind the jurisprudence of the Supreme Court,
02:31
after this amended Act and this amendment,
02:34
there is an overriding effect on the judgment of the Supreme Court.
02:37
So, it will not be implemented, right?
02:38
No, look, the Election Commission has to decide.
02:40
What is your position?
02:41
Should it be implemented or not?
02:42
Leave the Election Commission.
02:43
As a party which has a stake in this system, it should not be implemented.
02:46
Look, there are two separate things.
02:48
According to me, the Election Commission, as a constitutional body,
02:50
has to look at the decision of the Supreme Court.
02:52
But at the same time, it has to look at the existing laws and regulations,
02:54
look at the letter of the Speaker,
02:56
and make a compliant decision.
02:58
I still have this opinion, and a strong opinion,
03:01
that the decision was wrong.
03:03
It was wrong even before the amendment.
03:05
Should it be implemented or not?
03:06
It is a very simple question.
03:07
Leave the Election Commission, as a person, what is your position?
03:10
What is the opinion of the party?
03:12
Look, my personal view is,
03:13
the letter written by the Speaker,
03:15
in which he has expressed a legal opinion,
03:17
in which he has said that there is an overriding effect of that amendment,
03:20
on the majority order of the Supreme Court.
03:22
Even if that order is approved,
03:24
because there is an overriding effect of this amendment,
03:26
that should prevail,
03:28
and according to that, the Election Commission should make its decision.
03:30
This is my view as well.
03:32
Okay, Mr. Niazi, his position has come.
03:34
Quickly, if you could conclude,
03:36
because on this, the implementation,
03:38
I do not see it in the near future.
03:41
Will you take legal options in this regard?
03:43
Or will you wait for the review?
03:45
Look, it is the job of the Supreme Court to implement the judgment.
03:49
And the Supreme Court knows how to implement its decisions.
03:53
They are not realizing it themselves.
03:55
They are sacrificing their lives,
03:57
just to save the Chief Election Commissioner.
04:00
They have put the career of the Speaker at stake.
04:02
They have put the career of many other people at stake.
04:06
Basically, they do not understand,
04:08
how big a fight they are taking.
04:10
What is their purpose?
04:11
If their review is accepted,
04:13
then what will happen?
04:14
The people who have been nominated today,
04:16
will be de-seated tomorrow.
04:17
It is not such a big issue.
04:18
But they have created a war of ego.
04:20
And in that war of ego,
04:22
this has become a threat to the democratic system.
04:24
Thank you both very much.
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