Guzashta Kuch Arsay Se Siyasi Larai Ka Markaz Supreme Court Raha Hai, Irfan Qadir

ARY NEWS

Transcript

00:00There have been petitions filed in the High Court by the PTI.

00:05The Supreme Court has also filed a case on the 17th to stop the apprehended amendments.

00:12Under normal circumstances, the Supreme Court's registrar's office would have been able to dismiss the case.

00:17They have dismissed it.

00:25But the critics are saying that Mr. Faizeesa has made a bench on this case.

00:30They are saying that the case should be sealed.

00:37The Supreme Court cannot take up a case on this case.

00:40It will be seen when it happens.

00:42Otherwise, the registrar would have done it.

00:44So that whatever happens after the 25th, no one can interfere.

00:50So is the bench on the 17th listening to this?

00:54This is not a needless exercise.

00:57The registrar's office would have done it.

01:00The Supreme Court has accepted the hearing so that no one can reopen the case.

01:06Like the Hudaibiya case, when the decision was made, they said that the case cannot be reopened.

01:10It was a very controversial decision.

01:12Why is the bench listening to the 17th?

01:14Mr. Malik, first of all, registrars do not have the authority to decide the issue of maintainability.

01:23They are not petitioning for a constitutional amendment.

01:27It was a matter of maintainability.

01:29Until the case is brought to the committee, the registrar cannot resolve it on its own.

01:34The case will be brought to the bench.

01:37So that has been done in accordance with the law.

01:44There is nothing wrong with that.

01:46There is no need to go too much into that.

01:51I don't think there is anything wrong with that.

01:53What is the justification of the Constitutional Court?

01:55Why now?

01:57This is a very good question and a very important question.

02:00This is the question that has been going on for the past two months.

02:03You must have seen that since the restoration of Iftikhar Chaudhary, it has been 15 years.

02:10In the last 15 years, the arena of the political tug-of-war has been the Supreme Court.

02:17And invariably, we see where the interest of the different judges is.

02:24First of all, Iftikhar Chaudhary came.

02:26In his time, two prime ministers of Pakistan, sorry, one prime minister, Yusuf Zaghlani, was removed.

02:33And before that, there was 58-2B.

02:36Here, 58-2B ended.

02:38So they made 62-1F 58-2B.

02:41And released the government.

02:43After that, we see that the article of Naili came.

02:48Tahayat Naili.

02:50The same Supreme Court removed Mian Nawaz Sharif.

02:53And it became a new 58-2B.

02:57So after that, you see, when Mian Nawaz is acquitted,

03:05then the vote of no confidence comes.

03:08And then Imran Khan Sahib, his government is gone.

03:11So these political upheavals that are coming in Pakistan,

03:16the shock waves that are being created behind it, the Supreme Court…

03:20The ruling party has come up with a solution for that,

03:23that we will decide by the Prime Minister.

03:26If a constitutional court is formed, then the Prime Minister and the President will sit and decide

03:29who will be the Chief Justice.

03:31The Chief Justice of their choice will come.

03:33Then the judges of their choice will come.

03:35So the executive handpicked and created their own court.

03:40This will be even worse.

03:42This is not a solution.

03:43If you have judges sitting right now,

03:45and you don't like 9 out of 8 judges,

03:48and you say, leave it, they are not in control,

03:50let's make a new court.

03:52In that, the Chief Justice of their choice, all the judges of their choice,

03:55then Allah be with them.

03:57Then is this the solution?

03:58That the executive will take over the judiciary?

04:01There are two or three things in this.

04:03The first thing is that this federal constitutional court

04:07is coming into existence through a parliamentary consensus.

04:11And this is a legal method,

04:13through which you can constitute any court.

04:17The second thing is that the present Supreme Court,

04:20the way it was deciding political issues in politics,

04:24if you look at their Code of Conduct,

04:27it is written in the Code of Conduct that

04:29they will not go into political issues,

04:31even if they have legal questions involved.

04:33If the parties are taking legal questions in front of the court,

04:37then what will they do?

04:39Read their Code of Conduct.

04:41If you look at Article 5,

04:43it is specifically written in it.

04:45This Code of Conduct was established during the time of Iftikhar Chaudhary.

04:48And the importance of the Code of Conduct

04:51is in the oath of the judges that we will abide by our Code of Conduct.

04:54You can argue that the decision of 63A was wrong or right.

04:59But if you want to make an interpretation of 63A,

05:01then you will go to the court, right?

05:03No, it is completely wrong.

05:04Where will you go?

05:05There is no need to go to any court.

05:08It is said that in the case of interpretation,

05:10the court is faiq.

05:12Where is it written in the whole Constitution

05:14that the court will interpret?

05:15Nowhere.

05:16Only where the laws are written,

05:18who will interpret?

05:20In the Rules of Business,

05:21the Law Ministry is mentioned.

05:22And if the cabinet or ministers do not agree with the Law Ministry,

05:26then it goes to the Attorney General

05:28and then by comparing the two,

05:30it is interpreted in this way.

05:32But in the name of interpretation,

05:34if you start violating the Constitution,

05:36if you start rewriting the Constitution,

05:38like the previous Chief Justices have done,

05:41I do not want to take anyone's name.

05:43I think I do not even need to quote those specific instances.

05:46It was so much that I could see it 7-8 years ago

05:51that this reform will definitely happen.

05:54And it will still happen.

05:56And if for some reason,

05:57supposing,

05:58there is an issue,

05:59then in the coming days,

06:00this reform will definitely happen.

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