"Kamran Murtaza Nay Khud Constitutional Court ki Mukhalifat Nahi ki...." Murtaza Wahab's Statement

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#constitutionalamendment #constitutionalcourt #murtazawahab #ppp #bilawalbhutto #juif #kamranmurtaza #maulanafazlurrehman #pti   "Kamran Murtaza Nay Khud Constitutional Court ki Mukhalifat Nahi ki...." Murtaza Wahab's Statement

Transcript

00:00Were you able to hear Kamran Murtaza when you were talking to him?

00:05Yes, I heard Kamran Murtaza's conversation.

00:08Okay, so you have been honoured.

00:09Alhamdulillah.

00:11From what he said, it seems that the Aaini Adalat program

00:15is not being broadcasted.

00:19No, Haseeb. I was listening to him.

00:24He didn't say yes or no.

00:28He said that he has proposed that the bankers should be formed.

00:33But we are not denying the Aaini Adalat.

00:37You keep provoking them again and again.

00:40And they keep giving the same answer.

00:43That it would be better for me to end this right now.

00:50I think that...

00:54Murtaza, I am sorry to interrupt.

00:56He didn't say yes or no. Keep all the options open.

01:00But it was clear that he himself is logically convinced

01:05that there is no need to set up a complete system

01:10for a few hundred Aaini cases.

01:12It was clear from what he said that this is his opinion.

01:15Even though he said that there is no finality in this.

01:17Waseem bhai, there is a difference between individual and collective thinking.

01:22He himself said that Maulana will make the decision.

01:25Yes, he said that.

01:26So, my personal opinion can be something.

01:29But naturally, my personal opinion is not based on the party's opinion.

01:34It is based on the opinion of the general assembly, our senior leaders,

01:38the chairman and the president.

01:41So, I respect the opinion of one person.

01:46But to say that a political party has made this decision

01:51so that we are not in favour of Aaini Adalat.

01:56I think that when he himself is not saying this,

01:58we should not take it personally.

02:01Okay. This is very clear and it is very safe to assume and safe to say

02:07that he is not in favour of Aaini Adalat as we speak.

02:13It is clear that he is not in favour of Aaini Adalat.

02:15So, your opinion that Aaini Adalat should be established

02:19is not in his full support at this time.

02:22This is safe to say.

02:23Personally.

02:25Personally. Maulana has not yet had a chance to ask this question.

02:28Mr. Wasim, I respect the personal opinion of any political friend,

02:34any lawyer friend.

02:38But as I said, it is not a matter of personality or individuality.

02:42It is not a matter of individual thinking.

02:44It is a matter of collective thinking.

02:45If I take forward Mr. Kamran's speech,

02:50I would like to say that Mr. Kamran himself admits that the system is not ideal.

02:58The system needs to be improved.

03:01To improve that system, his personal opinion is that

03:04you should establish a bench.

03:06That is, he himself is not satisfied with this current system.

03:10The People's Party thinks that there should be a loyal court

03:13in which the judges of Punjab, Balochistan, Khyber Pakhtunkhwa and Sindh are equal.

03:20There should be no difference in their balance.

03:22The People's Party thinks that instead of a Chief Justice

03:27coming from one province, one chamber or one school of thought,

03:32the People's Party thinks that there should be a rotation.

03:35And every province should have the right

03:38that its Chief Justice should be in the rotation.

03:41And sir, you have enough reasons to believe that

03:45Mr. Maulana's opinion on this is close to the People's Party's opinion.

03:50You asked a very interesting question to Mr. Kamran.

03:56Mr. Maulana himself says that a seniority principle should not be decided.

04:01Like Mr. Kamran said that his personal opinion is different.

04:06Right?

04:07Absolutely.

04:07I think you have focused more on that personal opinion in this interview.

04:14It should be done with collective thinking.

04:16And I think when there is political dialogue,

04:19when people sit with an open mind, with open minds,

04:23then they are able to create some success story.

04:27I believe that Mr. Maulana agrees with this concept.

04:33Mr. Maulana also agrees that we need to bring in a system

04:38that is balanced.

04:42The complete power should not be with just one person.

04:45Instead, it should be balanced and strengthened.

04:51Or we should strengthen a single person.

04:53So, you got the impression from meeting Mr. Maulana

04:57that he does not feel that there is injustice in the existence of the Constitutional Court.

05:01He does not deny this.

05:02He does not deny this.

05:04You have given your opinion.

05:06It is obvious that the Constitutional Court exists.

05:09And it also states that judges should not be elected on the basis of seniority.

05:13In fact, they should be selected from the panel.

05:16Mr. Wasim, my personal opinion is that

05:22when there is a decision, the seniority should be kept in mind.

05:27But Mr. Maulana has his own point of view.

05:31The present government has its own point of view.

05:33The People's Party has its own point of view.

05:36In fact, the present court also has its own point of view.

05:39When the Chief Justice was being appointed in the Lahore High Court,

05:42they did not appoint a senior judge.

05:45They bypassed the seniority

05:49and appointed the third judge as the Chief Justice of the Lahore High Court.

05:55Similarly, when the Supreme Court is elevated,

05:59there are many such examples.

06:01Whether it is the era of Mr. Ishtekhar Chaudhary,

06:03whether it is the era of Mr. Saqib Nisar,

06:05whether it is the era of Mr. Gulzar or Mr. Umrata Bandyal,

06:09the elevation of the Supreme Court

06:11did not bring the seniority principle to the fore.

06:14And by bypassing the senior judges,

06:19they elevated the junior judges on the basis of merit in the Supreme Court.

06:23So, this is something on which there are different opinions.

06:27Did you give your opinion in the consultation

06:29that the selection should not be done on the basis of seniority?

06:32In our consultation, we have mentioned the Judicial Commission of Pakistan.

06:37And in the Judicial Commission of Pakistan,

06:40we have basically given the representation of the judge,

06:44the representation of the government, the representation of the Bar

06:46and the representation of the Parliament.

06:48No, sir. The Judicial Commission of Pakistan is for the new judges

06:51who have come to the Supreme Court.

06:53Whenever the next Chief Justice comes,

06:56the selection is done on the basis of seniority.

06:59Should it remain the same or should the criteria change according to your opinion?

07:03Why does this happen, Wasim?

07:06Because in Article 176, it is written that the senior judge will be the judge.

07:11It is written in the constitution, right?

07:12Okay.

07:12So, who wrote this constitution?

07:14On the 18th amendment, this Parliament wrote it.

07:17Right.

07:18So, this Parliament, all the political parties will decide together

07:22that for the betterment of the country and for the betterment of this system,

07:26what can be the best formula?

07:29We are not fixated to any concept.

07:31But you have given your suggestion to the Chief Justice.

07:33In that suggestion, it is that it should be done on the basis of seniority.

07:37Our draft is silent on this point.

07:41Okay. You have...

07:43We have not written anything specific on this.

07:46Is your draft silent on the age limit?

07:50Our draft is on the age limit.

07:53Our point of view is that the minimum age for judges is set at 45.

07:58It should be reduced to 40, which was in the original constitution.

08:03And on the retirement age, we say that it is better to base it on tenure.

08:11That a term should be decided and retirement should be done on that term.

08:14From the point of view of the GUI,

08:16Mr. Maulana gave the example of Bangladesh when we were having discussions.

08:21He said that the age there is 67.

08:24The proposed age proposed by the government is 68.

08:28So, again, there is a different point of view on this,

08:32which can be reconciled by sitting down

08:34on what would be the best thing for the betterment of this system.

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