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Bench Powers Case: The Issue Intensifies, Reports Wasim Badami
ARY NEWS
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1/22/2025
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00:00
The biggest court in Pakistan is currently discussing what the case is.
00:04
The case is that the 26th amendment has been approved.
00:06
As a result of that, the Chief Justice has been appointed, Yaya Afridi Sahib.
00:09
Vandamante Mansoor Ali Shah Sahib.
00:10
The 26th amendment has been approved. As a result of that, the Ayni Bench has been formed.
00:13
Not the Ayni Court, but the Ayni Bench.
00:14
The Chief Justice of which is Aminuddin Khan Sahib, whom Yaya Afridi Sahib has appointed.
00:19
The objection to the government is that they have done the whole system on their own to put Mansoor Ali Shah Sahib aside.
00:23
But when Yaya Afridi Sahib came,
00:25
there was a thought that Mansoor Ali Shah Sahib will resign.
00:28
Mansoor Ali Shah Sahib's case was worse than Faisal Sahib's and it was going on.
00:33
But then there was an atmosphere that both the cases are better.
00:36
Now what happened was that a case was filed, a tax-related case.
00:40
And it was not filed in the Ayni Bench, but in the regular bench.
00:43
And Mansoor Ali Shah Sahib was listening to that case.
00:46
Then it came that from that bench, one judge was removed and another judge was appointed.
00:54
And this created an impression.
00:55
Because this debate arose during the hearing.
00:58
One lawyer said that sir, this case that you are listening to, i.e. the regular bench,
01:01
you cannot listen to this.
01:03
This is the case of the Ayni Bench.
01:04
Now how was this case filed in the regular bench?
01:06
A committee was formed.
01:07
That committee decides where and what will be filed.
01:11
So the case has been filed.
01:12
But then it happened that it created an impression that as soon as this case is removed from here,
01:15
there is no point in taking it there.
01:16
Now you see what today's remarks are.
01:19
Mansoor Ali Shah Sahib has given remarks.
01:21
Procedure Committee.
01:22
This is the committee that decides which bench will listen to which case.
01:26
He said, Mansoor Ali Shah Sahib, that if the Procedure Committee takes back the ongoing cases,
01:31
the case is going on in the court, and takes it back and hands it over to the other bench,
01:34
then the freedom of the court is over.
01:37
Mansoor Ali Shah Sahib gave more remarks.
01:39
Now this is very important.
01:40
He is saying this directly in reference to the government.
01:41
This means that where it seems that the decision can come against the government,
01:46
then the case is taken back from the bench.
01:48
This means that you have started a case and you think it is coming against the government.
01:51
Then they will take it from us and hand it over to the other bench, which will be in your favor.
01:54
The court questioned.
01:56
They asked why the case was not decided despite the court's order.
02:00
When we said that the case will be decided here, in front of this bench, then why didn't it happen?
02:03
So it was said that the registrar of the Supreme Court said that in reality this case was not going to be filed in front of you.
02:10
This case did not come from the bench.
02:12
Then why was it filed in front of you?
02:13
By mistake.
02:14
This case was filed in the regular bench by mistake.
02:17
This case did not come from the bench.
02:18
Anyway, a development has also happened that after that the registrar has been made OSD,
02:22
has been sidelined.
02:23
How did you make this mistake?
02:24
This has also been done by the Chief Justice of Pakistan.
02:26
This is also today's development.
02:28
Anyway, a judge of this bench, Aqeel Abbasi, said that this was a mistake.
02:34
This was going on for a long time.
02:35
So how did it come to light now?
02:37
He also gave remarks that with apologies, the mistake was only to include me in this bench.
02:42
I had heard this case in the High Court as well.
02:44
Congratulations.
02:45
Now Mr. Mansoor Ali Shah asks that how did the practice and procedure committee meet on this matter?
02:52
Did the committee itself call for a meeting or did you request?
02:56
The registrar of the Supreme Court said that we had written a note to the committee.
03:00
Mr. Mansoor Ali Shah asked that when the judicial order was present, then why was the note written?
03:04
That is, he is saying that on one hand there is the order of the practice and procedure committee.
03:08
But if there is our order in front, we are saying that the case will be filed in front of this bench.
03:12
Because the practice and procedure committee has already filed the case.
03:14
So then our order should prevail and not that of the practice and procedure committee.
03:19
Anyway, moving forward, let's see.
03:21
Mr. Mansoor Ali Shah gave remarks.
03:23
I don't know if this is a matter of humor or a matter of sarcasm.
03:28
Mr. Mansoor Ali Shah gave remarks.
03:30
This case may have been left by you by mistake.
03:33
That is, it was to be filed in front of them, you filed it in front of us by mistake.
03:36
But it came in front of us.
03:38
But it came to the bench.
03:39
Now the work of the committee is over.
03:41
That is, once the committee has filed a case, it has been filed.
03:44
Now this case will run there.
03:45
If the cases are taken back while the committee is running, then the freedom of the court will be over.
03:50
Justice Mansoor Ali Shah also gave remarks.
03:52
That where the decision can be made against the government, then the case is taken back from the bench.
03:57
And further he said, in which I was saying that maybe it is a matter of sarcasm or humor or I don't know what it is.
04:02
Mr. Mansoor Ali Shah gave remarks.
04:04
This case was left by you.
04:05
It came in front of us.
04:07
After all, God has also designed a plan.
04:10
Justice Aqeel Abbasi said, in the case of tax, which amendment was to be reviewed?
04:15
Which case was taken back?
04:17
He gave remarks that the documents you are presenting are in defense of additional registrar judicial.
04:23
There is a long story ahead of it.
04:24
And then it also happened that these judges also wrote a letter to the Chief Justice of Pakistan.
04:29
In front of the open media, in front of everyone.
04:31
In which he expressed his complaint and astonishment as to how the matter is happening.
04:34
So the story is brief in simple words.
04:36
That the matter is right in front of the Supreme Court of Pakistan.
04:40
Where some judges think that it was our right to hear this case.
04:45
How can this be given to another judge or another bench from us?
04:49
In this regard, there is a hearing tomorrow as well.
04:51
In this regard, the registrar and the Supreme Court have been released.
04:54
Additional registrar.
04:55
And now there will be hearings ahead.
04:57
And let's see where this case goes.
05:00
It seems that the matter is also heating up in the Supreme Court of Pakistan.
05:05
And maybe in the future, it will take a more serious direction.
05:08
It is also true that the 26th amendment.
05:10
On the basis of which the whole issue has been read.
05:13
The 26th amendment has also been challenged.
05:15
And its case is also on.
05:16
If I am not mistaken, on January 27, the case of the 26th amendment.
05:19
And let's see what happens there.
05:21
Zindagi Sehat Rahi.
05:22
Insha Allah.
05:23
See you tomorrow.
05:24
Till then, Allah Hafiz.
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