Appointment of 6 judges in the Supreme Court.. Former Attorney General Ashtar Ausaf's legal analysis

ARY NEWS

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00:00Please explain this to them. Again, I want to be very technical about this.

00:04It is absolutely right that it is difficult to pinpoint the lovers of the constitution

00:09according to Mr. Daniyal's Jamaat.

00:12Please tell us where is the illegitimacy of the constitution?

00:14And if it is not there, then the matter is over.

00:16Okay, let's put aside the debate on the illegitimacy of the constitution.

00:18Let's talk about the intent.

00:19Of course, there will be a question of whether the intent has been examined in the heart.

00:22But sir, there are some circumstances and evidences, for example,

00:27Now, if they say that it is very important to provide justice immediately,

00:31and there were fewer judges, that's why we filed it immediately.

00:33So, the previous action of removing people from different high courts

00:36and bringing them to Islamabad High Court,

00:38there is a lot of backlog of cases in the relevant high courts

00:41and there is also a lack of judges.

00:42The judges were not completed there.

00:43Islamabad High Court immediately appointed them.

00:45Because it is possible that a political case will be filed here

00:48and the decision against a leader will be reviewed.

00:51So, don't we have enough reasons to believe that there is some problem in this?

00:55Even if the legal proceedings are going well,

00:57there is something else going on, Mr. Ashtar.

01:02Speaking for myself,

01:03I am a lawyer and I have always been very vocal about this.

01:09When I got the opportunity,

01:11I have said that no court should have any vacancy.

01:17Whether it is a civil court or a district court,

01:20whether it is a high court or a supreme court.

01:24Even a court should not have any vacancy.

01:27You just have time because you know when someone will retire.

01:33For that, you prepare in advance,

01:36you identify and bring people.

01:40The second thing is that whether it is a high court or a supreme court judge,

01:45their decision should not be based on headlines.

01:51This should be a work in progress.

01:54But unfortunately, everything in our country,

01:58whether it is the appointment of an army chief,

02:00whether it is the appointment of a high court judge,

02:03whether it is the appointment of a chief justice,

02:05everything is made controversial.

02:08Everything is...

02:09Here, the discussion is between the three of us and you.

02:12We are three lawyers.

02:13And Mr. Baghdami,

02:15here we should talk about CRPC, PPC,

02:19banking laws, how to bring reforms in them.

02:23How many judges do we need?

02:25How many district judges are needed?

02:28How to do everything?

02:30And there should be evening courts.

02:33All these things are there.

02:35So, all these things are...

02:38Sir, but there are many reasons for which headlines are made.

02:42If you say, I will tell you the reasons.

02:44I know.

02:45How many parliamentarians don't know what the content of 26th is.

02:51There are many reasons.

02:53There is a lot going on.

02:56Now, look at the second thing.

02:59The second thing is equally important.

03:02And what is that?

03:03What is the role of judges in this?

03:06And what is the role of lawyers?

03:08The role of lawyers is to represent litigants.

03:12And what is the role of judges?

03:14To listen to the litigants and decide their cases.

03:18But what is happening?

03:20What is happening is that the litigants are getting angry.

03:23Tell me, which litigant will have confidence in the court?

03:28When fights start inside the court.

03:31When the lines of the letters start.

03:34When it is said that this should not work, that should not work.

03:37I have seen for the first time that this protest is taking place.

03:40That judges should not be appointed.

03:43It should be that you protest.

03:46Why are judges not being appointed?

03:49And why is there such a low budget in your justice delivery system?

03:55It should be that you spend more money on health, education and justice delivery system.

04:04There is no such obligation here.

04:05Many things seem to have no effect on achieving a target.

04:10If Iftikhar Chaudhary is removed, then there should not be a discussion about it.

04:13That someone had the authority to remove him.

04:15The Chief Justice should not be referred to.

04:17There should not be a discussion about it.

04:18That a judge has the authority to refer him to the government.

04:21He was sent away. What happened in this?

04:22It's okay, but it's fine.

04:23But if all these things become part of the discussion.

04:26And become part of the political debate.

04:28Then it seems that someone is trying to achieve another move by making one move.

04:33For example, if the Prime Minister at that time was on record.

04:36That yes, the establishment at that time had asked me to remove Faheji sir.

04:38So I did it.

04:39So these things open up later.

04:41So wasn't the Prime Minister so helpless?

04:46That he came on someone's behalf and had to do this.

04:52This is part of.

04:54Look.

04:54So my point is that this is not so simple.

04:58Why is there a discussion about it?

05:01This should not even be a part of the discussion.

05:03Let me tell you.

05:05No, no.

05:05I'm not saying that this should not be a part of the discussion.

05:09We should talk about these things.

05:11But is this the only thing that we ought to discuss?

05:18And why are these things happening?

05:20These are happening because it is targeting your entire system.

05:27It is being told to everyone that in your country,

05:31no institution is running properly.

05:35And everything is becoming a cause of corruption.

05:38Now let me tell you, there is a solution to this.

05:42What is the solution?

05:44You tell the parliamentarians that your work is only legislation.

05:51Let the executive matters remain as they are.

05:55The work of development should not become your responsibility.

05:59And the judiciary should make decisions on people's cases,

06:04and not intermingle in executive functions or legislative functions.

06:11And why don't we do judicial systems?

06:14Why don't we talk about competitive ways of judging judges?

06:19Why don't we look in that direction and move in that direction?

06:23You have seen how much polarization there is.

06:26And who is at a loss from this?

06:28The country.

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