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Supreme Court Announce Article 63-A verdict | Shehzad Shaukat's Analysis
ARY NEWS
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10/3/2024
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Supreme Court Announce Article 63-A verdict | Shehzad Shaukat's Analysis
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00:00
Mr. Shehzad, please give us your opinion.
00:02
They are simplifying it by saying that he is a legislator.
00:07
He is a legislator, he is a parliamentarian.
00:10
The Supreme Court is the one who legislates that law.
00:11
He legislated it. What is so great about it?
00:15
So, you disagree with this basic principle that the Supreme Court doesn't have to legislate the law?
00:20
Yes, it is correct that the law has to be legislated.
00:23
The law has to be legislated.
00:25
Mr. Khosla said that where the law is silent,
00:32
then the Supreme Court can supply the silence or the absence of something.
00:43
In the language of the law, it is called casus omasis.
00:47
That is, if the legislature forgets to do something,
00:53
then the Supreme Court or the High Courts have the power to supply the omission.
00:59
And the judgment that I am referring to,
01:02
the 2021 Supreme Court,
01:06
in that the Supreme Court said that the principle of casus omasis
01:11
is not applied to the law.
01:15
If there is an omission in the law,
01:17
then only the legislature can supply it.
01:21
Now, after saying this, five judges,
01:24
how could the majority judgment of three judges be deviated from that judgment?
01:29
This is the first thing.
01:30
The second thing is that this is not just one judgment.
01:33
Look, the legislature has decided in its wisdom
01:39
that you will only be punished if you vote against party discipline.
01:44
Now, only the parliament had the right to add to it.
01:50
Now, let me also say that there are many laws in the world
01:54
in which this punishment has been placed on floor crossing.
01:58
Pakistan is the only country in which,
02:01
although the legislature did not do it,
02:04
but the Supreme Court of Pakistan introduced a unique concept
02:08
that this vote should not be counted.
02:12
There is no country in the world
02:15
where in the crime of floor crossing,
02:19
you are de-seated and your vote is not counted.
02:23
That is, you did not commit a crime,
02:25
you were stopped from committing a crime,
02:27
and you were also punished.
02:29
This logic, at least as a very humble student of law,
02:33
is out of my understanding.
02:35
Look, there is a definite reality.
02:37
The reality is that the parliament, after a lot of deliberation,
02:43
brings an opinion in the 18th amendment.
02:46
If you do not like the opinion,
02:48
you were in the government, you would have amended it.
02:51
No, now discuss and amend the amendment that is available.
02:56
And let me also tell you that for ten years in this country,
03:00
there was a tendency in the amendment
03:02
that if you bring no confidence against the Prime Minister,
03:06
if you are from the same party,
03:08
then your vote will not be counted.
03:10
That was a sunset clause.
03:12
The Constitutional Court of India said
03:14
that after ten years, the application of this amendment will be terminated.
03:17
This means that the Constitutional Court of India knew
03:21
that we are allowing the vote to be counted after ten years.
03:26
Let me conclude this.
03:30
First of all, you tell me, Mr. Shahbaz,
03:33
you are also the Additional Secretary of the Supreme Court Bar.
03:36
You are the President, Mr. Shehzad.
03:38
Does this mean that the application that was filed,
03:41
the Supreme Court Bar,
03:43
is it not a coincidence that you filed an application
03:45
to be a member of the Supreme Court?
03:47
You are the Additional Secretary, but your opinion is different.
03:50
So, what does this mean?
03:52
Wasn't this application filed as a member of the Supreme Court?
03:55
This application was filed in the previous cabinet.
03:58
Mr. Ahsan Boon was its President.
04:00
It was probably a coincidence.
04:02
Our President controls the majority.
04:06
And our President was following it.
04:09
Our views are independent.
04:11
The thing is that the Cases cannot be normally supplied
04:15
in the Constitution.
04:17
The Supreme Court or any court should not normally make a gap.
04:20
But where there is a lot of money,
04:23
where in the Sindh House, the MPAs are filled with money,
04:27
Yes, but you should change the Constitution
04:30
while looking at the situation.
04:32
The Supreme Court should make a decision according to the Constitution.
04:36
Or should the Supreme Court look at the situation?
04:38
Because your interpretation of the situation
04:40
can be different from mine.
04:42
You are absolutely right.
04:44
The Constitution could have been made.
04:46
But right now, there is no Constitutional Institution.
04:48
And when there is no Constitutional Institution,
04:50
then the Constitution is made by the Supreme Court.
04:53
And the Supreme Court will never make such a decision
04:56
Your Constitutional Institution means
04:58
an assembly whose prime objective is to make the Constitution.
05:01
Is this what you are saying?
05:03
Yes, it is called the Constituent Assembly.
05:05
And that assembly is such an assembly
05:07
on which all the countries agree.
05:09
Here, there is an assembly
05:11
on which half of the countries
05:13
call it the Form 47 Assembly.
05:15
And the majority does not accept it.
05:17
Today, if you count the numbers,
05:19
there are no numbers at all.
05:21
Sir, according to this definition,
05:23
the Supreme Court had an objection
05:25
that it is an RTS assembly.
05:27
In Pakistan, every election has been controversial.
05:30
And sir, very humbly,
05:32
you have to see
05:34
how this case was handled,
05:36
how the judges were isolated,
05:38
its urgency,
05:40
the utility of this case is over.
05:43
Neither Hamza Shahbaz has to become the Chief Minister,
05:46
nor Parvez Elahi has to become the Chief Minister.
05:49
If you and I had taken this case to the Supreme Court,
05:52
we would have been fined
05:54
for wasting the court's time.
05:56
Why? In this case,
05:58
Nazir-e-Sani is a very common thing.
06:00
It is not at all common.
06:02
There is not even a 1% chance of Nazir-e-Sani.
06:05
One in a thousand may be accepted.
06:07
And this is such a decision
06:09
which was logical.
06:11
And you had closed the door
06:13
of horse trading in the court.
06:15
Today, this decision came
06:17
and you saw that there are many parties
06:19
who say that we have to decide
06:21
on this matter.
06:23
So, this could have been reviewed
06:25
in a transparent manner.
06:27
This could have been reviewed
06:29
with confidence by the other judges.
06:31
In this review, the third judge
06:33
could have been seated in the committee.
06:35
We would not have doubted its transparency.
06:37
But today, the Supreme Court
06:39
of the entire country
06:41
has also objected to this.
06:43
Sir, please make the final comment
06:45
to Mr. Shehzad Shaukat.
06:47
Mr. Sehwag is with us
06:49
He says,
06:51
a series of events like this
06:53
will lead to a political development
06:55
in today's case.
06:57
This could have been done in a non-controversial manner.
06:59
I don't want to go into the past.
07:01
The way this presidential reference came,
07:03
the way this decision was given,
07:05
I will save my comments on it.
07:07
All this is a part of history.
07:09
All of us,
07:11
we don't have to live either.
07:13
Institutions have to live.
07:15
Every institution has to live
07:17
We don't have the right to work
07:19
outside the framework given in the Constitution.
07:21
If we want to survive
07:23
as a country,
07:25
and move on the path of progress,
07:27
I would like to begin
07:29
by saying that dialogue
07:31
is a very good thing.
07:33
We should not immediately
07:35
give glaring statements.
07:37
This was purely
07:39
a point of reference
07:41
on which the Supreme Court
07:43
of the entire country
07:45
will stand.
07:47
We are a very responsible institution.
07:49
Anyone can be its president.
07:51
It could be Mr. Hassan Bhoon,
07:53
Mr. Abbas Zubairi, or me.
07:55
We will all fulfill our tenure.
07:57
The Supreme Court will stand there.
07:59
Therefore, the Supreme Court
08:01
did not take a case of an individual.
08:03
This was a matter of the survival
08:05
and survival of this country's Constitution.
08:07
And its decision has come.
08:09
Thank you very much, sir.
08:11
Thank you very much for your time,
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