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Bilawal Ki Qazi Faez Isa Ki Tareef... Aaeni Tarmeem Par Aik Bar Phir Se Sawal Uth Gaya ?
ARY NEWS
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10/18/2024
Bilawal Ki Qazi Faez Isa Ki Tareef... Aaeni Tarmeem Par Aik Bar Phir Se Sawal Uth Gaya ?
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00:00
Hafiz sahab, first of all, let's come to the constitutional amendment.
00:03
A while ago, Fawad Chaudhary sahab said that the constitutional amendment has become useless,
00:07
it is of no use, it is a face-saving. Do you agree with this or not?
00:10
Look, Bismillahir Rahmanir Rahim, Anika, thank you very much.
00:12
Fundamentally, there were six things to which we had to go.
00:16
One was that the justice system of Pakistan is dysfunctional,
00:20
ordinary people are not heard, their cases are not filed,
00:24
it is a matter of 10 to 15 years, it is a civil matter for 10 to 24 years,
00:29
they should be expedited and the Supreme Court of Pakistan,
00:32
which has engaged itself in constitutional matters,
00:35
or the high courts have engaged in 199, should be removed from it.
00:39
The second thing was that your jurisdiction, the constitutional jurisdiction,
00:44
the Supreme Court of Pakistan has exceeded it, the High Court and the Supreme Court,
00:50
and the visa-verse situations of the Parliament should be improved
00:54
so that both the institutions work within their parameters.
00:58
The third thing was that the judicial appointments should be improved,
01:02
whether it is the Supreme Court, the High Court or the Chief Justices,
01:06
and finally, the accountability of the judges should be discussed.
01:09
Now, these last four things suit these political parties,
01:13
whether it is the PTI, the People's Party, or the PMLN,
01:17
these mainstream parties want the supremacy of the Parliament to remain,
01:23
and the Supreme Court of Pakistan should not interfere in all our affairs,
01:27
and this is their consistent stance for the last 15 to 20 years.
01:30
But the PTI's stance is a little different.
01:32
No, it is not different.
01:33
When was the JUI?
01:34
No, no, if you look at the stance of the former Prime Minister Imran Khan,
01:37
the criticism of these courts was also on the Supreme Court.
01:40
If you look at Nawaz Sharif,
01:42
When you are in the government, your narrative is different.
01:46
When you are out of the government, your narrative is different.
01:49
Now, in this, the status of the common man of Pakistan has remained the same,
01:54
but the way it is going, it will create a lot of confusion.
01:58
Why so?
01:59
That is because, who will make the bench, who will make it?
02:02
If the Judicial Commission makes it, then the first thing that will go into the challenge,
02:06
that the ministers of the government are sitting,
02:08
that is, the Attorney General, who has made the composition of the Judicial Commission,
02:13
I am sorry, I am cutting you short.
02:15
This confusion is also present in the Constitutional Court.
02:18
It is not there.
02:19
Why not?
02:20
That is why it is not there.
02:21
There was this confusion in it, that how two CJPs work together.
02:23
No, no, no, it is not there.
02:24
Look, this work is going on in 70 countries in the world,
02:26
where the Constitutional matters are less,
02:28
they also have their own jurisdiction.
02:30
Look, Anika, the Constitution has treated the Supreme Court or the High Court of Pakistan
02:34
as an appellate jurisdiction,
02:37
but it has given powers in two articles.
02:40
It has given 1199 to the Supreme Court and 1843 to the Supreme Court.
02:44
It has given Article 185 and 186.
02:47
If the Parliament of Pakistan, I tell you,
02:50
if they knew in 1973 that so much overburdened Constitutional matters will go to the High Court,
02:56
to the Supreme Court,
02:58
then they would have made the Constitutional Court from day one,
03:00
that, brother, the man of Pakistan, who has been affected by the system,
03:04
should be improved.
03:05
I will get back to you.
03:06
I will come back to you.
03:07
Mr. Khosla, in your opinion,
03:09
the Constitutional amendment that is coming forward now,
03:11
do you think it is acceptable,
03:13
considering that Pakistan Tehrik-e-Insaf is ready to go to jail and talk to Mr. Ibrahim Khan on this.
03:18
This means that somewhere,
03:20
some acceptability of this Constitutional amendment is visible in PTI.
03:25
Look, this will be against the stance of PTI
03:29
if through these assemblies,
03:31
through any Constitutional amendment,
03:33
leave alone a common legislation,
03:35
leave alone a day-to-day legislation,
03:37
if they accept such a big amendment in an assembly,
03:42
then this will be against their legal stance strategically.
03:46
As far as the amendment itself is concerned,
03:49
Mr. Hafiz was talking about delay,
03:51
and I was also listening to Mr. Bilawal's speech.
03:54
The delay in this Constitutional amendment is not addressed at all.
03:56
Mr. Khosla, I will come to you.
03:57
Mr. Shahbaz Khosla, have you heard the conversation
04:00
between you and Mr. Kamran Murtaza?
04:02
Do you think that the matter will go towards a larger consensus
04:05
and will be successfully passed?
04:08
Do you think that this test will be passed?
04:13
I don't think so at all,
04:16
because the way I have heard Mr. Bilawal's speech in Ujlat,
04:20
I have found it more threatening,
04:22
by hook or by crook.
04:23
And beyond this,
04:25
I feel that on 25th,
04:27
Mr. Khosla is afraid that if he can't pass it by 25th,
04:30
then there will be a big problem with him.
04:33
That's why he is ready to do horse trading.
04:37
And if you look at its implications,
04:39
it means that the fundamental change that is coming by 25th
04:43
is only the watch of Qazi Faiz Issa,
04:46
which will end on 25th.
04:48
So by his statement in the end,
04:50
he has not only implicated Qazi Faiz Issa
04:53
in whatever has been going on,
04:56
or whatever will be unearthed later,
04:58
but he is also putting serious questions
05:01
on the passage of this bill,
05:03
in whatever shape or form.
05:05
So you are saying that if Pakistan Tehreek-e-Insaf
05:08
goes and meets Mr. Khan,
05:09
it won't make a difference,
05:10
because it has become questionable.
05:12
So let's put it aside.
05:13
Yes.
05:14
You heard Mr. Kamran Murtaza's speech yesterday
05:17
on the floor of the house.
05:18
He was saying that he is also feeling like crying,
05:20
and if I resign too.
05:22
So you know the situation.
05:23
You said in your intro
05:25
that they are offering 3 billion rupees.
05:27
This is the stance of PTI.
05:30
This is the stance of PTI.
05:32
I was putting forward their stance.
05:34
But Khosla, I will come back to you,
05:35
because there is another very important issue.
05:38
It is related to the special sessions, Mr. Hafiz.
05:40
At this time, the Supreme Court has said
05:43
that we have given clarifications twice.
05:45
After this, no clarification should be asked from us.
05:47
It just happened that no more clarification is needed.
05:50
Now, does the ECP have any other wiggle room?
05:54
Is there any way they can gain time from this?
05:58
Is there any way to delay this?
06:00
Or now they have to follow the Supreme Court's decision.
06:03
Realistically, I will come back to you
06:05
just a minute earlier.
06:07
When this whole process was going on,
06:09
then it was said that the personalities should be put aside.
06:12
And among the personalities,
06:14
the first thing was that
06:15
Chief Justice Faiz Esa should not be extended here,
06:19
nor should he come under the Constitutional Court.
06:21
And on the other side,
06:23
it was also said that
06:24
you should not take the name of any judge
06:26
that he will be the Chief Justice of Pakistan.
06:28
Let the amendment and let the Parliament decide.
06:30
Next topic.
06:31
Now, he has come.
06:32
And because you are stuck in the personalities,
06:34
we will not move forward because of that.
06:36
Now, the second thing is that
06:38
which you have said,
06:40
that the decision of the reserve seats
06:42
is a plain language of Article 51,
06:45
that the political party in Pakistan
06:47
which will fight the election on the election symbol,
06:50
will be joined by independent parties.
06:52
And whoever has won the seat,
06:53
will get the reserve seats.
06:54
This is a simple and plain language of Article 51.
06:57
And this matter started from the Election Commission on 22nd February.
07:00
Till now, 12 judgments or orders have come on it.
07:03
And the review has not come yet.
07:05
In 76 years, there is no such case in Pakistan
07:08
in which so many things have come repeatedly.
07:11
Sometimes a short order is coming,
07:12
sometimes clarifications are coming.
07:14
And this last clarification that has come,
07:16
that is straight away hit to the Constitution.
07:18
What is it today?
07:19
That is because till today,
07:21
whatever you have talked about the virus,
07:23
be it the High Court or the Supreme Court,
07:25
it has never happened that
07:27
you have done it without a petition,
07:29
or you have taken a sue-a-moto,
07:30
or after that you have noticed the Federation,
07:32
or you have noticed the Attorney General.
07:34
In every case, it goes under Section 27A.
07:37
You have bypassed all the processes.
07:39
But the Supreme Court knows about the processes.
07:41
We should know about the processes.
07:43
Very quickly, I have 5 minutes.
07:44
If it was known,
07:45
then the judgment of 12 July would not have come,
07:47
but this case would have been remanded.
07:49
And the Election Commission would have been told
07:51
to listen to it freshly and make a decision.
07:53
And then the litigation that has come to us,
07:55
we will decide on that.
07:56
So when all these things are beyond the Constitution,
07:58
or should have come under the Constitution,
08:00
under Article 175-2.
08:02
So what is the way out now?
08:04
Just tell me quickly within one sentence
08:06
that what is the way out now
08:08
from the ECP, from this situation.
08:10
Now it is bound, because contempt will be imposed.
08:12
The law has not been striked down.
08:14
The Supreme Court has still said
08:16
that its retrospectivity cannot be applied.
08:18
When the law has not been striked down,
08:20
when the law is in the field,
08:22
the Parliament is standing behind it,
08:24
then the Election Commission is a sandwich.
08:26
And while clarifying the Supreme Court of Pakistan,
08:28
the Constitution, the law, the rules,
08:30
they should be looked at.
08:32
Got your point. Yes, Mr. Khosla.
08:34
I think that Mr. Hafiz is our friend,
08:36
but he is claiming his knowledge
08:38
more than 8 members of the Supreme Court.
08:40
And I am looking at the Constitution again and again.
08:42
I am not able to see this in the article.
08:44
I am not able to see this in the article.
08:46
I am not able to see this in the article.
08:48
The Supreme Court has explained
08:50
the article 51 perfectly.
08:52
After all, people went together and voted.
08:54
They voted on a mindset.
08:56
He has to get the reserve seat.
08:58
Or some party has to get it.
09:00
Those who are in the election,
09:02
their German seats are not that much.
09:04
They will get it because you made
09:06
others independent.
09:08
Here, the Election Commission has played
09:10
a very controversial role.
09:12
The Supreme Court has given
09:14
clarification on the election commission.
09:16
The Supreme Court has given clarification
09:18
on the election commission.
09:20
And this is the duty of the Supreme Court
09:22
under Article 189 and 190
09:24
on all the courts
09:26
and all the government institutions
09:28
that the Supreme Court's
09:30
order should be presented
09:32
as it is.
09:34
Time is over.
09:36
What about the Acts of Parliament?
09:38
Time is over.
09:40
See you in another show.
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