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Constitutional Amendments Main PTI Ko Kiya Kamyabi Mili? Barrister Ali Zafar Reveals
ARY NEWS
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10/23/2024
#constitutionalamendments #pti #justiceyahyaafridi #chiefjusticeofpakistan #chiefjustice #barristeralizafar #breakingnews #imrankhan
Constitutional Amendments Main PTI Ko Kiya Kamyabi Mili? Barrister Ali Zafar Reveals
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00:00
Anyway, tell me, there was another big development today. Bushra Bibi was bailed in the Tosha Khana case.
00:06
Some people are looking at it from different angles.
00:10
There were two demands of the PTI, which were also adjusted through Maulana.
00:14
One was that there will be no military courts in this amendment, and they did not come.
00:19
The second was that there will be no role of Faiz Issa Sahib.
00:22
After this retirement, that also did not happen.
00:26
Bushra Bibi's orders have come.
00:28
Do you think this is a softening of stance of the establishment towards Mr. Khan and towards the party?
00:36
No, I think it was a big victory of the PTI.
00:41
In the first draft, all these things were there.
00:45
Age was to be increased, Faiz Issa Sahib had to live.
00:51
Similarly, there was a provision of military courts.
00:53
Similarly, the power of the High Court, Article 199, had to be abolished.
00:58
All these things were there.
00:59
But we supported Mr. Allama, Mr. Maulana, and the JUI.
01:04
And we kept requesting them.
01:08
You do not consider this a softening of stance?
01:12
No, according to me, it was a political stand that was successful.
01:17
At least, the first draft did not happen, and now a different draft has happened.
01:22
I am asking because when Faisal Wabda Sahib speaks, he says that his thoughts reflect.
01:33
He has a special way of thinking.
01:36
He also said today that Bushra Bibi will be released.
01:40
Otherwise, he never gives good news for the PTI.
01:44
I am asking because, is there any connection or not?
01:49
No, there is no connection.
01:51
As far as the case of Bushra Bibi is concerned, I think it was a good case on the merits.
01:57
If Mr. Wabda predicted this, he might have done it because he knew that a time would come
02:04
when the High Court would give this bail.
02:06
And we were expecting this.
02:08
What can we say about the cases?
02:10
In this country, a punishment was imposed on the mourning period.
02:13
That case was perhaps a lighter case than this.
02:16
Do you expect this to happen?
02:21
As I said, I would like to clarify that we do not expect justice from the lower courts.
02:30
But you have seen that in every case, when the case goes to the High Court,
02:37
the High Court gives us relief because the case does not happen.
02:41
Especially when the case is fully debated.
02:45
We have seen this in the case of the mourning period, in the case of Tusha Khana 1,
02:50
in the case of the cipher, and in the case of the bail.
02:55
We are denied from below, we are denied, we are punished.
03:00
But on top of that, justice is obtained.
03:03
But tell me one thing, you have praised I. I. Afridi a lot and rightly so.
03:08
But now that the I. I. Afridi Bench has been formed,
03:12
does it make any difference who is the Chief Justice of the Supreme Court?
03:15
Because all the things will be decided by the senior judges of the Judicial Panel.
03:25
So all these political cases will go there.
03:29
So does it really make any difference if Munsoor Shah would have been the Chief Justice,
03:33
or someone else, or Senior Moose, or Number 3?
03:36
Will it really make any difference?
03:39
I don't think it would make any difference, because you are right that there are two types of powers.
03:46
One is the powers that are left with the Supreme Court,
03:49
those are left with a common civil court or a very senior criminal court.
03:56
That is, the civil cases and criminal cases will be done.
03:59
And all the cases of political cases will go to the I. I. Afridi Bench.
04:10
And the presiding officer of the I. I. Afridi Bench will be the judge who will decide.
04:16
So what is your party saying about this?
04:19
That our Chief Justice was just Munsoor Shah, we don't believe anyone.
04:24
If this is such an irrelevant question, then why this aggression on this?
04:30
Look, there are two things here.
04:33
One is the movement of lawyers.
04:36
And the movement of lawyers is different from PTI.
04:41
And there it is being said that the principle of seniority should be implemented.
04:49
That is, you give authority to the executive or give authority to another committee.
04:54
That they decide among the first three judges of their choice.
04:58
So I don't think this is a legal issue, it is a demand of lawyers.
05:05
Okay, tell me one thing, I want to slip in two quick questions because there is very little time.
05:10
One debate is also going on that if the judge's age is still young, he will retire after three years.
05:20
Now the government has a period of five years.
05:25
This means that every time the Prime Minister of the time will be in government,
05:30
he will get a chance to appoint a Chief Justice every time.
05:34
And when there will be three senior judges in the top,
05:37
then the other three judges know that one of the three can come.
05:43
So this period of three years has been set up so that all three judges should behave.
05:48
And they shouldn't upset the government too much.
05:50
Wouldn't it have been better if it had been five years?
05:53
So that the judges would know that this government that is sitting,
05:56
it cannot make a decision for us in the future, the next government will do it.
06:00
Is this period of three years set up so that all three judges keep thinking about the next three years?
06:08
Your suggestion is a big debate.
06:12
If it had to be done, it would have been five years.
06:14
So that there is no impression that you can appoint another Chief Justice in your tenure.
06:21
But on the other hand, it is also a debate that it is not necessary that they do it on their own side.
06:26
Sir, down to my last 30 seconds, no one can deny the divisions of the judges.
06:55
Mansoor Ali Shah Sahib is going to Umrah tomorrow.
06:58
There was a Faiz Ishaq camp, Mansoor Shah Sahib's camp, whether the camp was there or not, but there were divisions.
07:04
Will Justice Zia-e-Afridi be able to reunite this fractured Supreme Court in your opinion?
07:11
Yes, this is the hope.
07:13
And the hope is also because you have seen in their tenure,
07:17
or their judgments in many cases,
07:20
that they have been making independent judgments and no one has been able to see them.
07:26
Sir, will they be able to do it or not? Yes or no, in your opinion?
07:29
I think they will be able to do it.
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