The Supreme Court's decision allows "Horse-Trading"? Shehzad Shaukat's (SCBAP) Analysis

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#supremecourt #article63a #qazifaezisa #ShehzadShaukat #ShehbazKhosa  #horsetrading #pti #pmlngovt #11thhour #waseembadami   The Supreme Court's decision allows "Horse-Trading"? Shehzad Shaukat's (SCBAP) Analysis

Transcript

00:00Mr. Shehzad, first of all, tell us, yesterday a respected lawyer, Mr. Abid Zubairi, said in our program

00:06that, sir, even for this reason, the Supreme Court should not have heard this case

00:11that it was time-bound. The Supreme Court Bar Association, for the original decision,

00:14for 3 weeks or 1 month, whatever the time period is,

00:16it did not go into it at all. There is a time, you have to give an opinion within that.

00:21Supreme Court Bar was late, it should not have entertained it.

00:24First of all, if you could give a quick answer to this, then we will come to the real matter.

00:28Yes, it is like this, the limitation of giving a second opinion,

00:35in the law, it is 30 days, not 3 weeks.

00:38And it is also true that this petition,

00:42it was probably 3 days late.

00:47That is, it was filed on the 33rd day.

00:51But there was a request with it, that our delay should be condoned.

00:58And its basis was that, actually, a detailed judgment is awaited,

01:05that the details of the decision should be read,

01:10and then the decision should be made whether a second opinion should be requested or not.

01:15Right.

01:16Now, in this case, what has come to light today,

01:20is that the majority judgment of Justice Muneeb Akhtar,

01:25was probably supplied to the office of the Supreme Court on 14th October.

01:32Okay.

01:33Before that, the two differing decisions,

01:38of Justice Jamal Khan Mando Khail and Justice Mazhar Alam Mian Khail,

01:43were probably sent to the office long before that,

01:50that these are our differing decisions.

01:52Okay.

01:53And it is obvious that if the details of the majority judgment were revealed,

01:57then it would be helpful in introducing a second opinion.

02:02So you were waiting for that, as it took a little longer,

02:05and you did not interfere in it.

02:06Obviously, it took a little longer,

02:08but the Supreme Court Bar presented its formal explanation,

02:12and that explanation was accepted,

02:14and our delay in filing, was forgiven.

02:19Okay, and sir, what is being discussed the most about this,

02:22you tell us about that, that the critics of this decision are saying that,

02:26that Hot Trading has been officially allowed,

02:29that you may have come with a vote of any party,

02:32but vote against the policy of that party,

02:34your vote will be counted,

02:35okay, it may also have an effect,

02:37that you sit with a seat,

02:38but this is an unethical thing, a hot trading,

02:41it was legalized by the Supreme Court,

02:43if someone has so much objection to the decision of his party,

02:46then the party in which he has been elected,

02:48leave that party, go back to his people,

02:51take a new mandate, then give your vote of your choice,

02:53what do you have to say about this?

02:54Okay, we need a detailed answer to this,

02:59it is a big question of yours,

03:00but I will try,

03:02look, it is not like that,

03:03the first thing is that,

03:05making a law,

03:08modifying it,

03:09altering it,

03:10modifying it,

03:12all these rights are only for the parliament,

03:15and the Supreme Court of Pakistan has the right to make a decision,

03:20and the Supreme Court of Pakistan has been continuously saying,

03:27that we do not have the right to remove the comma full stop of the law,

03:32we are the progenitors of the law,

03:35the courts are the progenitors of the law,

03:38they do not have the right to rewrite the law,

03:42and in the majority judgment,

03:45two distinguished judges were sitting,

03:47they sat in a five-member batch,

03:50and gave another decision in 2021,

03:53in which they said,

03:54that there can be disastrous effects,

03:56if we try to change any part of the law,

04:01now this is one aspect,

04:04now look at the second aspect,

04:06the way the constitution made 63A,

04:11was that,

04:12on four things,

04:14vote of confidence,

04:15money bill etc,

04:16if you go against the instructions of the parliamentary party,

04:23or abstain from voting against their instructions,

04:26then you will be de-seated,

04:28a process was given for that,

04:30the constitution did not consider it appropriate,

04:34that their vote should not be counted in the constitution,

04:39now this is the wisdom of the parliament,

04:45noted,

04:46and the supreme court could explain that,

04:49it could not rewrite the constitution,

04:52sir note,

04:53if you allow me,

04:54I will take this point,

04:55noted,

04:56you have given both points,

04:57Mr. Shahbaz,

04:58when the legal mind is doing this,

05:00you tell me,

05:01isn't it unfair,

05:02one is the popular narrative,

05:04one is that,

05:05look,

05:06the supreme court has given the NOC,

05:08take it from the loot,

05:09this is the request,

05:10it is possible that this decision will have a political effect,

05:13the supreme court of Pakistan,

05:14has to decide according to the situation,

05:16or has to decide according to the constitution,

05:18and wasn't it written in the constitution,

05:20that if you do this,

05:22then you abstain from your seat,

05:24but the vote should not be counted,

05:26it was not written anywhere in the constitution,

05:28so the supreme court has to decide according to the constitution,

05:33see,

05:34my president is sitting here,

05:36I will not challenge his opinion,

05:38but I will give my innocent opinion,

05:41you have to see the logic behind the law,

05:46this 63A,

05:49this was not in the constitution,

05:51before 1997,

05:53in 63,

05:54there were disqualifications,

05:56which can be of a member of parliament,

05:58for example,

05:59it was not sound mentally,

06:01it became insolvent,

06:02it left the Pakistani nationality,

06:04X, Y, Z,

06:0563A was inserted,

06:07when Nawaz Sharif brought the 14th amendment,

06:11and the backdrop of the 14th amendment is this,

06:13you have heard about the Asghar Khan case,

06:16that how by giving money,

06:18the votes of a community were broken,

06:20the votes of the people's party were used against them,

06:22by the Prime Minister,

06:23and by floor crossing,

06:25by no confidence,

06:26the lady was removed,

06:27to avoid this,

06:29Nawaz Sharif did 63A,

06:31at that time,

06:32the lady supported it with 17 seats,

06:34so that the way of floor crossing,

06:36was closed,

06:37then Musharraf,

06:38in 2002,

06:39had to bring his government,

06:41through patriots,

06:42he had to make lotto,

06:44then it was relaxed,

06:45like today,

06:46this decision has been made,

06:48but when the 18th amendment came,

06:50then this way was closed,

06:52and only the clause was given to me,

06:54because of wrong reasons,

06:56on the basis of malice,

06:57this clause came in the amendment,

06:58so does the Supreme Court,

06:59have to decide according to the amendment,

07:00or is it saying,

07:01no, no,

07:02this amendment,

07:03has put this clause,

07:04there is malice behind it,

07:05so we will not decide according to it,

07:07see,

07:08the Supreme Court,

07:09the amendment,

07:10has to give you direction,

07:11the amendment,

07:12is not a 1000 page book,

07:13it is a small book,

07:15in it,

07:16there are not small inscriptions,

07:17written,

07:18they are separate,

07:19or subordinate,

07:20through legislation,

07:21details are given,

07:22you have a floor crossing,

07:24direction,

07:25against the direction of horse trading,

07:2763A,

07:28and that direction was,

07:29that if someone abstains,

07:30and votes against party policy,

07:32then he will lose his seat,

07:33that was the direction,

07:34right?

07:35Sir,

07:36this is exactly like that,

07:37in that,

07:38you see,

07:39only on 4 votes,

07:40you have the right,

07:41that you don't have to vote against party policy,

07:44rest of the MNAs,

07:45whoever wants,

07:46whoever wants,

07:47they can vote,

07:48you will not have a floor crossing,

07:50but only 4 such votes,

07:52in which the constitutional amendment,

07:54by the way,

07:55is included,

07:56that you,

07:57against your party,

07:58do a floor crossing,

07:59for the other party,

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