Sawal Yeh Hai | Maria Memon | ARY News | 19th August 2023
#PILDAT #PMLNLeaders #PPPLeaders #Election #CartakerGovernment
(Current Affairs)
Host:
- Maria Memon
Guests:
- Ahmed Bilal Mehboob (President / CEO - PILDAT)
- Kanwar Dilshad Former Secretary (E C P)
- Mohammad Jibran Nasir (Social Worker)
- Advocate Shahbaz Khosa (Lawyer)
PILDAT head speaks up on contradictions within PML-N over election date
"Elections will be held in March because...," Kanwar Dilshad gives inside news
(Current Affairs)
Host:
- Maria Memon
Guests:
- Ahmed Bilal Mehboob (President / CEO - PILDAT)
- Kanwar Dilshad Former Secretary (E C P)
- Mohammad Jibran Nasir (Social Worker)
- Advocate Shahbaz Khosa (Lawyer)
PILDAT head speaks up on contradictions within PML-N over election date
"Elections will be held in March because...," Kanwar Dilshad gives inside news
Category
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NewsTranscript
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01:20 "The announcement reveals that according to the new constitution it will take four months to bring down the curfews. This announcement is a source of concern and disappointment for us."
01:28 "The Pakistan People's Party had a very interesting history. They were involved in this. They voted for the constitution in the Council of Common Interest. After that, they were asked to remove all threats of the curfews."
01:46 "Now, they are being told that the election date should not be postponed."
01:53 "The PM says that the Pakistan People's Party had taken on board this issue. The People's Party has changed its stance on this issue."
02:01 "The vote that Murad Ali Shah has given in the Council of Common Interest for the constitution, the Pakistan People's Party has changed its stance on this issue."
02:11 "When the elections of Punjab and Khyber Pakhtunkhwa were postponed due to technicalities, there was a lot of controversy."
02:19 "People were saying that in the future, elections can be postponed due to technicalities."
02:27 "We are seeing that this is happening. Political parties are facing negative objections."
02:34 "But when the elections of Punjab and Khyber Pakhtunkhwa were being delayed, what did the People's Party preach?"
02:41 "Kamar Zaman Kayra used to defend this decision by saying that the elections have been postponed and the date has been postponed. So, let's move ahead."
02:50 "I think that the date has been postponed. The work has been done beyond the 90-day date. Nothing wrong."
02:57 "The election commission has given the date. So, we should fight for the elections."
03:00 "Nothing wrong. If the elections are postponed beyond the 90-day date, then this is the People's Party that wants the elections within the 90-day date."
03:08 "The original position of the time is different. The original position of the present time is different."
03:12 "The position of the Noon League is very interesting. We don't know where this confidence is coming from."
03:18 "What is the source of this conspiracy to postpone the elections?"
03:23 "But the opinion of the PMLN is also different in this regard. Not everyone is saying the same thing."
03:28 "If we see, Rana Sinhaullah and Ahsan Iqbal are coming forward and endorsing the decision to postpone the elections."
03:35 "They are defending it and even saying that the big establishment on board is not interested in the election being held within the 90-day date or the 190-day date."
03:46 "This is a very loaded statement and if it haunts our political class, then everyone will complain."
03:53 Irfan Siddiqui is a close friend of PMLN and Nawaz Sharif. He does not agree with this.
04:00 He says that the elections should be held within the 90-day date.
04:03 "The system will not be able to bear the burden of this K-Ticker setup."
04:07 What did Siddiqui say?
04:09 "The constitution has put some restrictions on it. The constitution has not left it unguarded."
04:13 "The constitution says that it is your responsibility to do this work in a proper manner within 90 days."
04:20 "We cannot leave the 90-day date on the auspicious day of the election commission."
04:25 "The damage that will be done to a proper setup will be done to Pakistan."
04:30 "What you say that the elections of Punjab and Khyber Pakhtunkhwa were not held on time, that is also wrong."
04:36 Even now, they admit that the elections of Punjab and Khyber Pakhtunkhwa were not held on time, that is wrong.
04:42 People's Party and PMLN are also admitting that mistake off the record.
04:49 The only party that has announced to challenge this is Pakistan Tariq-e-Insaaf.
04:54 Shah Mahmood Qureshi has held a press conference on this issue.
04:57 He said that he will take this issue to the court.
05:02 "Tariq-e-Insaaf has decided that we are going to challenge this delaying tactic and the attempt to move forward from the 90-day date in the Supreme Court."
05:15 "For this, our lawyers are preparing their petitions."
05:23 And see the irony that after about half an hour of this press conference,
05:28 Shah Mahmood Qureshi is arrested in the case of cipher.
05:33 Although all the information and all the reporting about this case,
05:37 Shah Mahmood Qureshi has been presented in the FIA whenever he has been asked.
05:42 And obviously, he has been arrested on charges.
05:46 So, what kind of elections will be held?
05:48 What level playing field will be there?
05:50 What kind of scenario will be there?
05:52 We are coming to know this very clearly from these arrests.
05:54 So, getting elections done is the first goal.
05:56 But what kind of election will be there?
05:58 That is also a very important milestone, which no one is paying attention to at the moment.
06:03 Ahmed Bilal Mahboob is with us.
06:05 Sarbara Pildat.
06:07 After him, Kavar Dulshad will also join us.
06:09 He is also the legal advisor of the Minister of Punjab.
06:12 The legal opinion of the lawyer on this whole issue, all people say this.
06:17 And the first thing is that how much irony they are seeing.
06:19 We have seen all the lawyer bodies divided earlier.
06:23 But on this issue, all people are more or less saying that
06:26 elections should be held within 90 days.
06:28 Read Article 48.
06:35 When there is a resolution in that, then the date should be given to the President.
06:38 Later, he made an amendment in the Election Act.
06:41 Under the Election Act, he did give permission to draft the Election Commission of Pakistan.
06:47 But the amendment is in the Constitution.
06:51 There is nothing to doubt about this.
06:53 The constitution has jurisdiction over all documents and all other laws.
06:58 The one who is registered in the constitution, he has jurisdiction.
07:00 In the Election Commission, in the Election Act, they have amended it.
07:03 The amendment is not the right of the people, but of the political party.
07:09 It is being said that there may not be elections for another 6-7 months.
07:13 This is such a big violation of the constitution.
07:16 The constitution says in Article 224 that you have to hold elections within 90 days.
07:21 It is very clear from Article 24.
07:23 You have to hold elections within 90 days.
07:25 Tell me what is the job of the Election Commission?
07:27 See, this fight has been going on for 6 months.
07:30 Elections, 90 days, etc.
07:33 Ahmed Bilal, we can see a distinction here.
07:36 The Noon League is not only defending the decision to hold elections,
07:41 but also justifying it legally and legally.
07:44 And endorsing it.
07:46 And even on television shows, they have said that everyone is on board.
07:49 Even the establishment is on board.
07:50 So, the Noon League on one side, and the rest of the political parties on the other.
07:54 This is a strange mess.
07:56 We did not see any consensus.
08:00 When the PPP voted in the Council of Common Interest,
08:03 now they say that there was no discussion about delimitation.
08:06 Is it even possible?
08:08 Thank you very much.
08:10 See, this has to do with the fact that
08:14 do you think that after the introduction of the new system,
08:19 in which the seats of the National Assembly have not been changed,
08:24 is it necessary to delimit from a legal point of view?
08:29 This is the fundamental question.
08:31 If the PPP thinks that after this,
08:35 delimitation is not necessary,
08:38 then the decision they made to approve the Council of Common Interest was not wrong.
08:45 But if they know that as a result, delimitation will be necessary,
08:52 then it was wrong.
08:54 My personal opinion is that
08:56 nowhere in our constitution is it written that
08:59 after the introduction of the new system,
09:01 it is necessary to delimit from a legal point of view.
09:08 It is only written in the law,
09:10 in Section 17 of the Elections Act 2017,
09:15 that after every Council of Common Interest,
09:18 new restrictions will be imposed.
09:21 But since it is the law,
09:23 and the level of the law is below the constitution,
09:26 Article 224 of the constitution is very clear
09:30 that you have to hold elections on the 9th.
09:32 Therefore, I think that the intention of the constitution is
09:36 to hold elections on the 9th
09:39 and to postpone the work of the restrictions.
09:42 Now it is the Supreme Court's job to give its authoritative opinion on this
09:47 and to give a decision on this.
09:48 Sir, I would like to know your political opinion on this.
09:52 PMLN is the only party that says that delimitation is necessary.
09:57 Most probably, MQM would also like that
10:01 there should be delimitation as a result of this referendum.
10:05 But it is the People's Party,
10:07 Pakistan is a justice,
10:08 and in its very essence, the parties are Islamic.
10:13 So why is PMLN insisting on this?
10:15 Because this is clearly a violation of the constitution.
10:17 First, you violated the constitution by not having Khyber Pakhtunkhwa and Punjab hold elections on time.
10:22 Now, you are also moving towards violation in the referendum.
10:25 It is still left to be decided whether this is a violation or not.
10:30 In my opinion, this is a violation.
10:32 But since the Supreme Court has the final interpretation of any legal and constitutional matter,
10:40 then they will decide.
10:41 But I think that this is not right.
10:45 This is a very clear requirement of the constitution.
10:48 And politically, I don't think any political party has sat down to discuss this matter
10:58 and take a unified position of the party.
11:00 That is why you see Khurram Dastgir sir advocating for 90 days
11:05 and Rana Salaullah sir saying that elections will be held in February.
11:10 Similarly, this division is also seen in the People's Party.
11:13 So, it would be right for political parties to be kind and not to create further confusion.
11:19 They should sit down in their parties and make their legal advisers think and then take a unified position.
11:26 It is possible that after that PMLN will also be ready to change its position.
11:30 Who has to give this date?
11:33 Because yesterday, the People's Party took a very shocking U-turn.
11:39 Earlier, they used to hold the Election Commission responsible for this.
11:43 Yesterday, Nair Bukhari sir, who is a former Deputy Chairman of the Senate,
11:48 said that the President has to give this date.
11:54 Obviously, this will happen with the advice of the PM.
11:56 So, who has to give the date of the general election in your opinion?
12:00 Article 48 of the Constitution is the responsibility of the President.
12:08 And you are right that the President will be given the advice of the PM.
12:15 So, I think that despite the change in the law,
12:19 because it is written in the Constitution,
12:21 this is the job of the President and he will do it on the advice of the PM.
12:27 And when the PM gives this advice, he will certainly consult the Election Commission.
12:33 This has happened in the past.
12:35 But it is written in Article 48 of the Constitution.
12:38 So, until the change is not made, this is the right of the President.
12:42 Sir, the Election Commission has released a schedule yesterday.
12:45 In which they have told how the training will be done by December,
12:48 then the delimitation will be done, and then people will complain about this.
12:52 There is another threat from this issue.
12:54 When there will be complaints, then the matter will be taken to the higher court.
12:59 Yesterday, Mr. Hassan Pasha raised this point.
13:03 He thinks that this issue will go beyond February.
13:06 Because the legal complications will be so much.
13:08 Is there any threat of this?
13:10 No, I think there is no threat on this basis.
13:13 But if someone is found to find the hidden reasons, then it is a different matter.
13:18 Because when this final report of delimitation will come on December 14,
13:25 then if some people go to the courts, then it does not make a difference on the schedule.
13:30 Final delimitation as provided for in the law will be completed.
13:35 People go to the courts even after the elections,
13:37 and they issue election reports.
13:39 This does not stop the formation of the government.
13:42 Similarly, if people go to the courts after the report of delimitation,
13:47 then the rest of the election schedule will not be affected.
13:50 It will be necessary to announce the election schedule after December 14.
13:54 Sir, one more thing.
13:55 The election commission has given a schedule for December.
13:58 Is this a loyal government?
14:01 Because we are in a very unique stage.
14:03 There is a transition, caretakers are coming.
14:06 During that time, there is a legal, political crisis.
14:10 The previous government is giving a gift.
14:12 The next lawmaking is also there.
14:15 So, where is this December schedule coming from?
14:18 Because if the president has to give the date of the election on the advice of the Prime Minister,
14:22 then can the election commission do it on its own?
14:25 The election commission has issued a schedule for the delimitation.
14:39 And their interpretation is that after the approval of the Council of Common Interest
14:45 and after the census is published,
14:47 it has become necessary for them to do this delimitation.
14:52 That is why they have issued a schedule.
14:54 If the president of the country issues a different schedule on my advice,
14:59 then that will be binding on the election schedule.
15:02 Thank you very much.
15:03 We have with us Sabra Pildat, Kabir Dilshad, Musheer-e-Nigram,
15:05 Minister of Punjab, Law and Parliamentary Affairs.
15:07 Kabir Dilshad's interpretation is different from this.
15:10 Kabir sir, two things.
15:12 One, there was also a discussion that the constitution is more important than the Election Act.
15:16 The constitution says 90 days.
15:18 Whatever has been discussed about this new delimitation in the Election Act,
15:21 there is a strong legal opinion that because the constitution is supreme,
15:26 and the People's Party has also taken this plea,
15:28 so the elections will be held within 90 days.
15:30 So what is the problem?
15:32 Don't you think that the constitution is supreme in relation to the election?
15:37 Or that the Act has to be kept in mind for the sake of the poor?
15:40 Because many people think that because the constitution is 90 days,
15:43 and the Act is supreme, so the elections will be held within 90 days.
15:46 The constitution is supreme in relation to the election,
15:50 but Article 51 of the constitution is also supreme.
15:53 Under which the Election Commission of Pakistan was forced to
15:57 when the government of the West, three days before the establishment of the National Assembly,
16:04 issued a notice, and the notice issued by the Mar-a-Shabari,
16:09 was supreme under Article 51, Subsection 5 of the constitution,
16:15 and the Election Commission of Pakistan was forced to
16:18 act according to the law.
16:21 One thing is that, as you can see, the schedule has been issued,
16:26 and by 14th December, the results will be out,
16:30 and the notice will be issued regarding the delimitation.
16:34 But one very important thing is that the Chief Election Commissioner of Pakistan
16:38 met the Chief Justice of Pakistan a few days ago,
16:42 and the Chief Election Commissioner informed him of all the circumstances.
16:48 He gave a reference to Article 51, Article 224, Article 218, Article 222, and Article 230.
17:00 After all these circumstances, he came and issued a notice regarding the delimitation.
17:07 Sir, why is the People's Party saying that when they approved it in the Council of Common Interest,
17:13 they said that the new Mardam Shumari will be approved, but there will be no delimitation.
17:18 They say that this was their understanding, and on the basis of which they gave approval.
17:21 And now my...
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34:14 office.