- 10/25/2024
#justiceqazifaezisa #supremecourt #chiefjustice #justiceyahyaafridi #mariamemon #Sawalyehai
(Current Affairs)
Host:
- Maria Memon
Guests:
- Justice (R) Shaiq Usmani (Senior Lawyer)
- Ashtar Ausaf Ali (Former Attorney General)
- Hasnaat Malik (Court Reporter)
- Imran Waseem (Court Reporter)
Justice Qazi Faez Isa's Tenure Ends | Maria Memon's Detailed Analysis
Which Judges Did Not Attend the Full Court Reference? Details from Maria Memon
"Justice Yahya Afridi sahib ka koi agenda nahin hai..." - Hasnaat Malik
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
(Current Affairs)
Host:
- Maria Memon
Guests:
- Justice (R) Shaiq Usmani (Senior Lawyer)
- Ashtar Ausaf Ali (Former Attorney General)
- Hasnaat Malik (Court Reporter)
- Imran Waseem (Court Reporter)
Justice Qazi Faez Isa's Tenure Ends | Maria Memon's Detailed Analysis
Which Judges Did Not Attend the Full Court Reference? Details from Maria Memon
"Justice Yahya Afridi sahib ka koi agenda nahin hai..." - Hasnaat Malik
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
Category
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NewsTranscript
00:00Assalam-o-Alaikum, I am Maria Ami, I am an Architect of Troyes.
00:16The Qazi era is over, today we will take a look at Qazi Faiz Yusuf's legacy.
00:21We will have different lawyers with us in the first part of the program.
00:25We will also talk to him about the new Chief Justice, Yahya Faridi, and the challenges he faces.
00:33In the end, there is a lack of trust in the democracy.
00:37The people of this country, and especially the youth of this country, do not trust the democracy.
00:43We will talk about this.
00:45Let's start with Chief Justice Qazi Faiz Yusuf.
00:47A court reference was made.
00:49One year, one month, and ten days later, his tenure ended.
00:52In this reference, we see that out of 17, 5 judges did not participate.
00:5712 judges were present.
00:59Chief Justice, Yahya Faridi, did a great job in this matter.
01:04When this reference was made, we saw that Qazi Faiz Yusuf left the ring.
01:09He laid the foundation of fundamental human rights.
01:14According to him, this is his legacy.
01:17There were some interesting things written about this legacy.
01:22Let's analyze them.
01:24Making a legacy is a very superficial task.
01:28But the principles for which you stand, which you have written on this legacy,
01:33how much attention was paid to them during your tenure, this is also important to analyze.
01:39If you look at it closely, it talks about freedom of expression.
01:43In Pakistan, I had a report from the reporter of Science Boundary,
01:47in which he said that in the past one year,
01:49two points have been lowered in Pakistan,
01:54in terms of freedom of expression.
01:57And this continued for a year.
01:59Politically, we saw that some political parties were allowed to express their opinions.
02:05They were allowed to hold gatherings and political activities.
02:08But for some specific parties, this was not freedom.
02:12All this continued during the tenure of Qazi Faiz Yusuf.
02:15But we saw that it was not freedom.
02:18Now, the wall has been erected.
02:20Probably, he will remind those principles,
02:22in which he believes, fortunately.
02:28Another interesting point has been written.
02:30It is written, freedom of imitation and action.
02:35We have seen beautiful examples of freedom of imitation and action in the past year.
02:41Especially, when people were being evicted from their homes,
02:46to get them to vote.
02:51At different times, we saw that people had complaints.
02:55There were complaints from political parties.
02:57All this continued during the tenure of Qazi Faiz Yusuf.
03:00There was so much freedom of imitation and action in the past year.
03:04Especially, before the election and immediately after the election.
03:06We also saw this during this tenure.
03:09Qazi Faiz Yusuf has crystallized the right of imitation and action in this monument.
03:19Although, he has written the right of imitation and action,
03:21but was it allowed to do politics openly in his own time?
03:27Was he not marked by a political party during the election?
03:32Was there no need for clarification when the election commission was interpreting the decision wrongly?
03:37Was there no need for clarification when the election commission was interpreting the decision wrongly?
03:42But, the election was held on the basis of that January 13th decision.
03:45Questions are still being raised on this.
03:47So, this is also a legacy of Qazi Faiz Yusuf during his tenure.
03:53The next point is very interesting.
03:55The right of assembly.
03:56Again, at the cost of repeating myself.
03:59During this tenure, we saw that the defence was in all the big cities of 144 countries.
04:03And, it was very pick and choose.
04:05For some people, for some political parties, for some people belonging to civil society,
04:12the condition of defence of 144 countries was very relaxed.
04:15But, for some people, it was such a strict condition that
04:18when we had a place to protest, they were prepared for it.
04:23And, many people used to do business there.
04:26So, it is written here.
04:27But, was it ensured in this tenure of one month and ten days?
04:32This is also a question mark.
04:34Apart from this, the freedom to live.
04:37This is a very important question.
04:39Because, in this entire year, I have seen that Qazi sahib, from his subordinate courts,
04:44he complained to Qazi sahib.
04:48He told him that his work is being hindered.
04:50The six judges of the High Court of Islamabad are on record.
04:54His letter is present.
04:55With regard to the right to live and the right to work,
04:59he looked at his own top boss.
05:01So, he did not get a satisfactory answer from him.
05:04We have also seen the case of Arshad Sharif during this entire year.
05:07The Chief Justice of Pakistan did not file a case against him.
05:10We heard about it.
05:12But, we saw him going on a delay.
05:15But, we did not see the case of Arshad Sharif.
05:21So, these are some points.
05:22These are some points.
05:23This is Sangi Marmar.
05:26This is White Knight.
05:28Whatever it is.
05:30But, we will consider it as mere words.
05:33Because, Qazi sahib was not able to implement or ensure many of these points in his tenure.
05:41Because of which, Humer will continue to follow him.
05:48Anyway, let us move ahead.
05:49Today, we saw that the full court was referenced.
05:51So, Qazi sahib is clearly leaving a more difficult case.
05:56And, we saw that in this court,
05:59there were five judges who were not present.
06:03And, which judges were they?
06:05Five judges who were not present.
06:06Their names are something like this.
06:08Qazi sahib was the Chief Justice.
06:10Today was the last day.
06:11With regard to his retirement, in the full court reference,
06:14apart from Justice Mansoor Ali Shah sahib,
06:16Justice Malik Shehzad,
06:17Justice Muneeb Akhtar,
06:18Justice Ayesha Malik,
06:19and Justice Atar Minala were not present.
06:22Mansoor Ali Shah sahib has defined the legacy of Qazi Faizi sahib in many cases.
06:29He defined how he was not able to listen to his case.
06:34The new Chief Justice, Yaya Freedi sahib,
06:37has given his next agenda.
06:39That will be the agenda.
06:40Let me tell you.
06:42First of all, let's talk about the violation of the law.
06:44We saw that in the last year,
06:46there were many judgments on which the government did not implement.
06:49If we listen to this statement,
06:51we get the indication that the Supreme Court is going to implement its decisions.
06:57Let's listen to what Yaya Freedi sahib has to say.
07:12... shall prevail.
07:14Judge and majesty are strictly ensured.
07:18The grievances shall be immediately attended to.
07:23After the 26th amendment, the trichotomy of power has been implemented.
07:27According to that, the Chief Justice of Pakistan has said that it will be ensured.
07:31The dignity of the judge will also be ensured.
07:33Because there were many judgments, including those of the Supreme Court,
07:36on which the government did not implement.
07:40What will be the take-away from this?
07:43Apart from this, the work of remote areas,
07:47this is a very wonderful point.
07:49We cover big cities and big cities.
07:52We keep an eye on it.
07:53But the work of this country is being prepared.
07:56And what are the priorities for that?
07:58Immediate focus would have to be extended to the further districts.
08:03Pakistan, Tank in Khyber Pakhtunkhwa,
08:06Khyber Pakhtunkhwa, Ghotki in Sindh,
08:09in Punjab.
08:10You see, Peshawar, Lahore, Quetta,
08:14they have the immediate attention of the courts, the government.
08:19It is these further districts which deserve our attention.
08:23And the best of the best judges should be there more than anyone else.
08:31How is a society in which the inactive people,
08:34i.e. the people who need attention,
08:38in which we talk about disabled people,
08:41in which we talk about women,
08:43we talk about children's cases,
08:45they are not there because these people do not have much agency.
08:49How are the cases treated?
08:51What did the Chief Justice say in response to the question?
08:55Immediate focus would have to be rendered on facilitating
08:59attendances and cases of women, children and disabled people.
09:05Justice delivery, automation, alternative dispute resolution,
09:10better human resource development.
09:25In this entire year, due to which decision of Qazi Sahib will he be remembered?
09:30What is his legacy?
09:31What are the challenges of the new Chief Justice?
09:34We have with us, first of all, Justice Usmani Sahib.
09:39Thank you very much for joining us, Usmani Sahib.
09:41Sir, what is the legacy of Qazi Faisal Shah Sahib?
09:43What is the decision due to which he will be remembered in history?
09:47The decision that he made, the one that was passed,
09:54that will be remembered later,
09:56in the case of Faisabad.
10:01That was his decision,
10:04the first time people noticed him.
10:07At least he had the courage to say that.
10:10That was a big thing.
10:12Because of that, he gained a lot of fame.
10:16Because of that, a lot of people went against him.
10:19That was also a big thing.
10:21As a result, eventually,
10:23when the other cases started,
10:25you see that in some cases,
10:29people took some other decisions.
10:31In the court, people could not keep the judges united.
10:36His biggest flaw was that
10:40he could not keep all the judges united.
10:44Even today, there are no judges,
10:46but there is a kind of harmony in the court.
10:51They decide, but they do not do it like this.
10:54Here, the judges went against each other.
10:57Because of that, his court suffered a lot of losses.
11:00And then, there were a few cases of a sensitive nature.
11:04For example, you saw the case of the judges in Manchester.
11:09Eight judges were completely opposed to him.
11:12Only a few judges were left.
11:15It was such a sensitive matter
11:18that political issues were involved.
11:21Because of that, a lot of problems arose.
11:24His tenure was very meaningful.
11:30But still, he did his job well.
11:34It is a different thing that people could not keep him together.
11:37Right.
11:38We will remember the judgment of Dharnath Faizabad
11:43from that.
11:48What will be the challenges for the new Chief Justice, Yaya Afridi?
11:51Yaya Afridi is a good man.
11:55He is a sensible man.
11:57He is calm and quiet.
12:00He does not make a lot of noise.
12:02Generally, he is liked a lot.
12:05I think the challenges for him will be
12:08that the political atmosphere here is so hot.
12:14How can he go to a middle course
12:19so that no one makes a lot of noise.
12:23The decisions that are going to come in the future
12:26will have a lot of problems.
12:29The biggest issue is the special sessions.
12:36The special sessions of the Assembly.
12:41It is not finalized yet.
12:44It has to be finalized.
12:47There will be a lot of problems.
12:49There are a lot of other issues.
12:52The political parties will start.
12:56The case of Form 47 and 48 will also start.
13:01Everyone was waiting for 25th October.
13:04The case of 25th October will also be brought to the court.
13:07These will be very controversial cases.
13:10Will Yaya Afridi be able to keep the balance?
13:15So that there is justice and justice will be seen.
13:18Most probably, he will go to the benches.
13:21Thank you very much.
13:22Thank you very much.
13:25I have a very basic question for all the contributors.
13:32What will be the decision based on which
13:36Qazi Faiz Issa will be remembered?
13:40What is his legacy?
13:42His tenure of one year and ten months.
13:47Your question is appropriate.
13:52The judge's legacy is his judgments.
13:55It is not what he said at what time.
13:59It is not what remarks he gave.
14:02But what he wrote.
14:04I am seeing his decisions as a judge of Balochistan.
14:09I am seeing his decisions as a judge of the Supreme Court.
14:13And as a Chief Justice, he steered the court.
14:18In Balochistan, he talked about the environment,
14:22women's rights, schools, and many other things.
14:29At that time, there was no High Court.
14:32There were no judges.
14:34So he did the Balochistan High Court.
14:36He removed nine stains.
14:39It is not an easy task.
14:41Especially for a person who has no experience of working as a judge.
14:46So I think that is his legacy.
14:50Secondly, the case that took place here in the Supreme Court,
14:56the case of Hubara Bastard,
14:58in which he worked very crazily.
15:02Although he was overruled there,
15:05that again is a judgment.
15:08He talked about many reforms and did everything.
15:13Then there is the case of the protest in front of you.
15:17What he highlighted in that is that
15:22it is everyone's fundamental right to protest.
15:28It is everyone's fundamental right to have their voice heard.
15:31And to take part in the political process.
15:34But there are some restrictions.
15:36So this is another landmark judgment, which I would say.
15:41Then his contribution in the case that came to the Military Courts.
15:46Where he defined what a due process is.
15:51And whether the military justice and the justice in the armed courts,
15:55he compared them.
15:57So these are all things.
15:59Then in 63A, he did such a wrong thing.
16:04And why are we forgetting that the reference of Zulfiqar Ali Bhutto,
16:08about him,
16:10he remained in trial for many years.
16:13So you will see that I saw one more characteristic.
16:17That is, his list was exhausted.
16:21He would listen to the case till the last case.
16:25This is a big thing.
16:27Now my next question will be,
16:28what are the big challenges for the new Chief Justice?
16:31We are seeing that the court is more divided than before.
16:34When Mr. Bandayal left, there was a clear gap in the court.
16:37Now that gap has become clear.
16:39What are the other challenges for the new Chief Justice?
16:41Yes, look, the new Chief Justice,
16:43I am sure, I hope,
16:46because I am also seeing him,
16:50when he was in Peshawar High Court.
16:52When he was Assistant Advocate General,
16:54I still saw him working.
16:56I saw him working as a lawyer.
16:58I saw him working as a judge of the High Court.
17:00And the way he brought reforms in KPK,
17:03as a Chief Justice,
17:07and the induction of civil judges,
17:09and all these things,
17:10this is commendable.
17:12Now he will take that experience forward,
17:15I hope.
17:16The first thing is to call the full court,
17:20to hold meetings of the full court.
17:23And I understand,
17:26that just like the meeting of the Cabinet is held every Tuesday,
17:31similarly, the meeting of the full court should also be held on a separate day.
17:34All the judges, you are the judge,
17:36sit down and look at the activities of the previous days,
17:42and decide the path forward.
17:44So all these things together,
17:46are very easy to do.
17:49Remember, collective decisions are better decisions.
17:54No doubt. Thank you very much.
17:56Thank you very much for being with us, Mr. Ashtar Rao.
17:58Now let's move on to Mr. Salahuddin Naimat,
17:59who was also an ex-president of the High Court.
18:03Thank you very much, Mr. Salahuddin, for joining us.
18:05My question is very basic.
18:06I am asking different people, different lawyers,
18:12what will be the decision of Qazi Faizi Sahib,
18:15based on which history will remember,
18:17his legacy,
18:19he is being left on that basis,
18:21according to you.
18:22What will be the challenge for the new Chief Justice?
18:25Look, Qazi Faizi Sahib as Chief Justice,
18:31I think he has two parts of his legacy.
18:34When he came,
18:36first of all, he called the full court,
18:39and in practice and procedure,
18:41the rights of the Chief Justice,
18:43were divided,
18:45the committee was upheld,
18:48Practice and Procedure Act,
18:50he was highly praised.
18:51After that, the 62-1F,
18:55the issue of Tahaatna Ahli,
18:58he ended that,
19:01Tahaatna Ahli.
19:03Then, the Bhutto reference case,
19:06in that, the Supreme Court,
19:08in the past, the injustice that was done,
19:11it was acknowledged.
19:14So, that too,
19:17he was exonerated.
19:19Musharraf Sahib's conviction was upheld.
19:24So, those will be counted among his good decisions.
19:28Where his legacy is questionable,
19:32that is, in the case of Ballehwale,
19:36the electoral symbol was removed from PTI.
19:40After that, in that decision,
19:42because it was not clarified,
19:44that we did not end the existence of PTI,
19:47that a place was opened for the ECB
19:50to explain its own will,
19:53because of which,
19:54the crisis of reserved seats took place.
19:56Then, what I understand,
19:58in those things,
20:00questions will be raised against him,
20:03and criticism will also be made,
20:05that when in practice and procedure,
20:07he reduced the rights of the Chief Justice,
20:11then after that,
20:13when an executive ordinance came,
20:15and the Chief Justice was again,
20:17practically,
20:18made the Master of the Roster,
20:20then on that,
20:21he acted immediately,
20:23and put a judge of his own will,
20:27in the committee.
20:28Then,
20:30this question arises,
20:32because earlier,
20:33he had said,
20:34in his judgments,
20:35that executive ordinances,
20:36should only be implemented
20:38in an emergency situation,
20:40under extreme necessity.
20:42But,
20:43he immediately implemented,
20:45this executive ordinance.
20:47But,
20:48the most serious,
20:50objection raised against him,
20:54is that,
20:56there was a letter,
20:58from Islamabad High Court Judges,
21:00and when it was asked,
21:02from the rest of the High Court,
21:04everyone supported that,
21:06they said,
21:07yes,
21:08this happens,
21:09pressure comes from outside,
21:11it was not investigated,
21:13and,
21:14once all these reports,
21:16came to the Supreme Court,
21:18after that,
21:19after 6 months,
21:20that case was not filed,
21:22regarding the Military Courts,
21:25Civilian Trial in Military Courts,
21:28that case was not appealed,
21:31so,
21:32these are the things,
21:33which will tarnish,
21:34their legacy,
21:35and then,
21:36in the end,
21:37obviously,
21:38the 26th Tarweem,
21:39from which,
21:40the Supreme Court's,
21:41powers have been withdrawn,
21:42and,
21:43the Supreme Court,
21:44has been subdued,
21:45that,
21:46definitely,
21:47makes their legacy,
21:48questionable.
21:49Right.
21:50And,
21:51what are the big challenges,
21:52for the upcoming,
21:53Chief Justice,
21:54or Mr. Freedy,
21:55at this time?
21:56First,
21:57it is a divided court,
21:58everyone can see that,
21:59there is so much animosity,
22:00that,
22:01in the judgments,
22:02we can see that,
22:03they are taking names,
22:04and then,
22:05letters are coming,
22:06and,
22:07each other is being,
22:08challenged.
22:09See,
22:10this letter-making,
22:11has been going on,
22:12for the last 2-3 years,
22:13and,
22:14judges have also,
22:15pointed it out.
22:16Just now,
22:17the last,
22:18in fact,
22:19Hassan Azhar Rizvi,
22:20has sent a note,
22:21in which,
22:22he agrees with,
22:23Qazi Faiz Issa's,
22:24judgment,
22:25but,
22:26he says that,
22:27the way,
22:28the judges,
22:29the other judges,
22:30were criticized,
22:31and,
22:32they were,
22:33talked about,
22:34in detail,
22:35that,
22:36they are against,
22:37the Judicial Committee.
22:38Umm,
22:39this letter,
22:40has come from,
22:41Mansoor Ali Shah,
22:42as well,
22:43in the past,
22:44Qazi's,
22:45and,
22:46Muneeb Akhtar,
22:47also had,
22:48very harsh remarks.
22:49So,
22:50this thing,
22:51is very unfortunate,
22:52but,
22:53I think,
22:54the animosity,
22:55in the Supreme Court,
22:56is now,
22:57under the,
22:5826th amendment,
22:59structurally,
23:00umm,
23:01the animosity,
23:02has been increased,
23:03intentionally.
23:04Now,
23:05the way,
23:06these,
23:07three senior most judges,
23:08will now,
23:09pick and choose,
23:10to make the Chief Justice,
23:11after that,
23:12when,
23:13you are sitting,
23:14in a mirror bench,
23:15and,
23:16you are a non-mirror,
23:17and,
23:18you are not capable,
23:19to make a decision,
23:20in a mirror case,
23:21now,
23:22with all these things,
23:23definitely,
23:24more,
23:25umm,
23:26umm,
23:27there will be disturbance,
23:28in the Supreme Court,
23:29then,
23:30there will be fights,
23:31on jurisdiction,
23:32that,
23:33which case,
23:34should go,
23:35in front of the mirror bench,
23:36and,
23:37which should not go,
23:38the solution,
23:39to that is,
23:40that,
23:41before doing,
23:42anything else,
23:43sitting in a full court,
23:44and,
23:45taking the feeling,
23:46of the court,
23:47second,
23:48if,
23:49this is the path,
23:50of the mirror benches,
23:51I think,
23:52if,
23:53there is,
23:54any kind of,
23:55pick and choose,
23:56then,
23:57a complete,
23:58war of the courts,
23:59situation,
24:00will arise,
24:01it is necessary,
24:02that,
24:03umm,
24:04umm,
24:05umm,
24:06umm,
24:07umm,
24:08umm,
24:09umm,
24:10umm,
24:11umm,
24:12umm,
24:13umm,
24:14umm,
24:15umm,
24:16umm,
24:17umm,
24:18umm,
24:19umm,
24:20umm,
24:21umm,
24:22umm,
24:23umm,
24:24umm,
24:25umm,
24:26umm,
24:27umm,
24:28umm,
24:29umm,
24:30umm,
24:31umm,
24:32umm,
24:33umm,
24:34umm,
24:35umm,
24:36umm,
24:37umm,
24:38umm,
24:39umm,
24:40umm,
24:41umm,
24:42umm,
24:43umm,
24:44umm,
24:45umm,
24:46umm,
24:47umm,
24:48umm,
24:49umm,
24:50umm,
24:51umm,
24:52umm,
24:53umm,
24:54umm,
24:55umm,
24:56umm,
24:57umm,
24:58umm,
24:59umm,
25:00umm,
25:01umm,
25:02umm,
25:03umm,
25:04umm,
25:05umm,
25:06umm,
25:07umm,
25:08umm,
25:09umm,
25:10umm,
25:11umm,
25:12umm,
25:13umm,
25:14umm,
25:15umm,
25:16umm,
25:17umm,
25:18umm,
25:19umm,
25:20umm,
25:21umm,
25:22umm,
25:23umm,
25:24umm,
25:25umm,
25:26umm,
25:27umm,
25:28umm,
25:29umm,
25:30umm,
25:31umm,
25:32umm,
25:33umm,
25:34umm,
25:35umm,
25:36umm,
25:37umm,
25:38umm,
25:39umm,
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