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Constitutional Courts ka Muamla, Hukumat Ka Peeche Hatne Ka Iradah? Hasnaat Malik's Give Inside News
ARY NEWS
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10/9/2024
#constitutionalamendment #ConstitutionalCourts #pti #imrankhan #juif #maulanafazlurrehman #khabar #muhammadmalick #supremecourt
Constitutional Courts ka Muamla, Hukumat Ka Peeche Hatne Ka Iradah? Hasnaat Malik's Give Inside News
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00:00
Saudi Arabia's investment minister has come with a delegation of 130 people.
00:05
The government is very happy and says that at least 2 billion dollars plus agreements will be made.
00:10
The stock market has crossed the psychological limit of 86,000.
00:14
They are very happy about that.
00:15
The SCO is happening.
00:17
They have broken the PTI, which was a procession.
00:20
Mr. Gandapur has been giving clarifications for the past three days.
00:24
So, a lot is happening in the country right now.
00:26
But the real thing is the same.
00:27
The news is that what is going to happen is the news of the constitutional amendments.
00:32
Now, Mr. Kamran Murza, the JUI, cancels PTI and the rest of the JUI is a very critical thing.
00:39
The government says that we have numbers, but we need Mr. Maulana to be with us for moral authority.
00:45
Mr. Kamran Murza, his legal team is also in good spirits.
00:50
They have done a lot of ifs and buts.
00:52
This evening, Mr. Hafiz Abdullah, the senior leader of the JUI, tweeted something very scary.
00:59
He said that a puppet court is being established in the name of the expected constitutional court, which will be under the executive.
01:07
Then he said that the members of the judiciary have come out.
01:10
It is time to fight for justice and constitutional protection.
01:12
If you take silence, history will not forgive you.
01:15
Perhaps the government has been given the task to end freedom of expression or go home.
01:20
It is very close, but those who know Mr. Maulana say that Mr. Maulana never takes such a definitive position.
01:27
He always keeps a manoeuvring room.
01:29
So, these are pressure tactics because the government is giving the impression that in the coming days, they will also get reserve seats.
01:36
And so far, the Election Commission has not disappointed this government.
01:40
Whether it is the service after 8th February to 9th February or when the election tribunals were formed in Punjab.
01:48
In the end, the Chief Justice of the Lahore High Court had to step back and the Supreme Court gave him the tribunals.
01:56
Then today, when all this was going on, the Chief Justice, Mr. Faiz Issa, said a very interesting sentence.
02:05
He said that instead of court decisions, the constitution and the law passed by the parliament should go to that.
02:14
So, maybe if the Election Commission is listening, they will get more pressure.
02:19
The Chief Justice has said that leave the court orders and follow the act passed by the government.
02:26
So, things look hunky-dory on this front.
02:28
So, what is happening? What is happening or not happening?
02:31
In the first part of the program, we will talk about this.
02:34
Mr. Asnath Malik has joined us. He is a great court reporter.
02:37
He doesn't talk about right-wingers. He talks about credible things. We have invited him.
02:42
Mr. Miral Kiani is with us. He is the senior leader of PMLN and MNA.
02:46
We will also talk to Mr. Ali Muhammad Khan. He is the senior leader and MNA of PTI.
02:51
Mr. Asnath, very quickly, what is the latest? What are you listening to?
02:55
I have heard that Attorney General has met people. He has met friends. He has spoken to others.
02:59
From there, it is going on that maybe the constitutional amendment is coming, but the constitutional court is not coming.
03:06
I have spoken to a lot of relevant people.
03:09
They have said that the work for which all the assemblies are being set up,
03:13
the jewel of the crown is the constitutional court.
03:16
So, it will come. What is your opinion?
03:19
Look, Mr. Malik, there is a meeting of different people on the 7th of every month.
03:24
In that, it is said that even if we make a federal constitutional court, it is not sustainable.
03:29
There is a lot of pressure from the courts. And it will increase.
03:33
The election of the Supreme Court is in the last week of the month.
03:39
There are more chances of setbacks.
03:42
So, it is said that the idea of a federal constitutional court should be rethinked and dropped.
03:48
And then it is said that whether we make Justice Mansoor Ali Shah directly the Chief Justice of Pakistan
03:56
and issue a notification or not.
03:58
On this, it is being discussed whether Justice Mansoor Ali Shah's notification will be issued in the next 2-3 days or not.
04:05
Another opinion is that we have to make a constitutional amendment.
04:08
There are many other things.
04:10
For example, the issue of appointment of judges.
04:12
In that, the Judicial Commission and the Parliamentary Committee,
04:15
that is, all the representatives of the Parliament and the judges will sit in one place.
04:20
The second issue is that there should be a panel for the appointment of the Chief Justice in the Supreme Court.
04:25
So, these are some of the things.
04:27
Even if Justice Mansoor Ali Shah's notification is issued,
04:29
there are still attempts to make a constitutional amendment.
04:32
But it is being said in the federal constitutional court that it should be rethinked.
04:35
In fact, the idea of a federal constitutional court should be dropped.
04:40
Mr. Kaini, has it been dropped?
04:42
Yes, in the name of Allah.
04:43
Mr. Malik, thank you for having me on your show.
04:45
Look, according to my information, there is nothing like that.
04:48
Because other parties are still discussing.
04:52
But the idea has not been dropped.
04:55
No, no, no.
04:56
In my knowledge, the constitutional courts are completely under discussion.
04:59
On its methodology, on its details.
05:01
A constitutional court, the recomposition of the Judicial Commission,
05:05
which was also mentioned by Mr. Asnath,
05:07
in which the parliamentary representation, both opposition and treasury are present.
05:10
Now, yes, the exact limits of the constitutional courts.
05:14
Now you will get the results.
05:17
Now, look, the rest of the debate is still going on on the details.
05:23
But the constitutional courts, as per my information, are very much still on the table.
05:27
And all three main parties, JUI, PMLN, People's Party, are discussing this.
05:31
As far as the matter of reserve seats is concerned.
05:33
Look, the speaker of the reserve seats has now sent two letters to the Election Commission.
05:39
And apart from this, you have seen that the review petitions of the Election Commission and the government
05:43
are still pending regarding the main judgment.
05:47
Which we still consider to be unconstitutional.
05:50
Mr. D'Souza has also said that they should leave the judicial decisions.
05:54
When the constitution and the law were made, the government was in control.
05:58
No, look, whether it is a parliamentarian or a judiciary,
06:01
it is a matter of compliance with the constitution.
06:03
Even a decision of the Supreme Court, which is contrary to the constitution,
06:06
cannot prevail.
06:07
For example, the 63A judgment.
06:09
You saw that it was a blatant rewriting of the constitution.
06:12
It was a judgment of the Supreme Court.
06:14
It was corrected after more than two years of delay.
06:17
No, I say that you people did the right thing, but in a wrong way.
06:21
I was a critic of the 63A judgment.
06:23
No, what did we do in that?
06:24
But the way you did it.
06:25
No, we did nothing.
06:26
The court corrected itself.
06:28
First, you gave an order to make a bench again.
06:33
Then they made a bench again.
06:35
Then a five-member bench was made.
06:37
One of the judges did not sit that day.
06:39
Muneeb Akhtar did not get up that day.
06:41
You still made a four-member bench with the judges.
06:44
CJ sir did all the work.
06:46
The next day, the judges also came.
06:50
So there are a lot of question marks in that.
06:52
There are a lot of question marks.
06:53
No, there is no question mark for me.
06:54
There was no direct work.
06:55
No, no, in my opinion, it was a case of better late than never.
06:58
Because it should have been done two years ago.
07:00
So such a rewriting of the constitution,
07:02
in which it is out of my understanding that there is no parliamentarian.
07:05
But you have said that a constitutional court will be formed.
07:08
Then I will take Ali Mohammad Khan sir as well.
07:11
No, no, very quickly.
07:12
I would just like to say that look,
07:14
at what stage we are now.
07:16
A constitutional court, Judicial Commission of Pakistan,
07:18
and other cases are under discussion in a constitutional amendments package.
07:23
Its details are being discussed on the basis of its various aspects on a daily basis.
07:28
Working groups are working, drafts are being shared.
07:30
Look, the numbers will flow from the agreement between the three parties.
07:33
Once the three parties have agreed in principle two things,
07:36
then there will be an agreement on a draft.
07:38
So first there will be the numbers of those three parties.
07:40
And then the rest of the parliamentarians,
07:42
the process of calling them will be seen,
07:44
how many members are required.
07:45
But first it has to flow from an agreement between these three parties.
07:48
It will be done.
07:49
Inshallah.
07:50
So your cementing bond is very strong, right?
07:53
Yes, yes, it is a constitution, it is a parliament, it is a democracy.
07:56
Unlike PTI.
07:57
There are more bonds.
07:58
Unlike PTI, which boycotted the All Parties Conference on an important matter like Palestine.
08:03
What seriousness did it show?
08:04
Shall I leave?
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6:45
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