Faisal Karim Kundi's Big Statement Regarding Key Bills
#OffTheRecord #MustafaNawazKhokhar #SalmanAkramRaja #FaisalKarimKundi
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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.
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00:00 the question was that the constitution neither says this nor that. How can we decide what the constitution says?
00:07 Please listen patiently, there are many things that are being discussed. Article 75 of the constitution says that the president will either express his consent or send back the law with a message.
00:20 Now the situation here is that both the things have not happened. For a moment, we will assume that neither did he express his consent nor did he send back the law with his message.
00:30 Now when both these things have not happened, what situation is created? The president has been unable to express his consent.
00:37 Now this situation is not covered by Article 75 of the constitution.
00:43 If the president is unable to express his consent, then what will happen? There is only one situation in Article 75(2) and Article 75(3)
00:52 that if the president is unable to express his consent, then in that situation, when a law has been passed through a joint session,
01:00 the first phase of Article 75(1) has ended, and after the law is sent back in Article 75(2)(3),
01:07 the law is passed again, and then if the president is unable to express his consent, then it will be assumed that he has expressed his consent.
01:14 But before this, in the situation of Article 75(1) and Article 75(1), there is no concept of unimaginable consent.
01:22 Sir, why are you not doing an inquiry?
01:24 I am just asking a basic question, which everyone is asking.
01:28 And I also ask this question. If you return the services of the secretary in front of you, and you say that he is a culprit,
01:35 he misled me, I told him to send him back, he kept it to himself, he did not obey my order,
01:41 then why should there be an inquiry in the president? Why is there no inquiry?
01:45 Look, that is another thing. What punishment he has to be given, when he has to be punished, that is another thing.
01:51 Sir, first you have to prove the truth. This will prove the truth.
01:54 Look, there is no opinion on the fact that the incident took place.
01:58 What incident is this? This has now been proven that the president did not sign the document.
02:04 This has also been proven that the law was not sent back. Both these things are now proven.
02:10 The only doubt is whether the secretary did not send him back on purpose or was it some other matter.
02:15 That is the third thing. But these two things are important.
02:19 As far as the law is concerned, we should focus on these two things. Punishment is the third thing.
02:25 Sir, Waqar Ahmed's statement has come, the secretary who was removed.
02:30 He has rejected these documents. He said that the files are still in the presidency.
02:35 They will say, show me where the president has written.
02:38 So now, of course, this inquiry will be done first, then we will see.
02:41 This is only related to their role, whether they have to be punished or not.
02:46 But the two things that are absolutely certain before this are that the signature was not made and the files were not sent back.
02:52 We can agree on this. Everyone agrees on this.
02:55 Now, no incident is being made in relation to these two things.
02:58 So you are saying that because the signature was not made, the law was not made. This is a separate element.
03:02 Because the signature was not made and the files were not sent back, these two things are certain.
03:07 You can argue on the third point that what was the role of Mr. Waqar, what was not there, whether he should be punished or not.
03:13 That is the third point. But these two things are important.
03:16 Whether the law was made or not, in that regard.
03:19 Now my request is that when we accept these two things, that the signature was not made, the files were not returned, then how did the law become?
03:26 Article 75(2) and (3) of the constitution say that if the file does not go back, if the president is unlawful,
03:32 then after 10 days the law will be made.
03:36 That is the case where the joint session was passed without a bill.
03:39 We are not in that situation. Therefore, it is absolutely clear that under Article 75(1) the law was not made.
03:45 If it has been notified in the gazette, it has come on the statute book, but this is a mistake and a court will have to give an order to remove it from the statute book.
03:55 What to do with Mr. Waqar is the third point. That is a later point.
03:59 But these things are important in relation to whether the law is made or not.
04:03 In my opinion, it is absolutely clear that there is no deemed assent in Article 75(1).
04:09 You cannot import deemed assent.
04:11 You cannot.
04:12 Article 75(1) is the case of Article 75(3) and Article 75(2).
04:16 Do you want this law to be made or not?
04:19 If you ask my personal opinion, I say that the law should not be made.
04:22 If you are from the parliament, then the parliament has passed it.
04:26 What is your party's opinion? You are the Secretary of State.
04:29 You gave your personal opinion, what is the party's opinion?
04:31 The party has voted for it in both the houses.
04:33 The party has voted for it in both the houses.
04:35 So, the party's opinion is that it should be made.
04:37 But personally, I said earlier that when the law is passed wrongly, when we are caught, we will suffer.
04:43 No, you should praise this point.
04:45 And the second point is that Mr. Mustafa said something, the CCI.
04:50 We voted in the CCI.
04:52 We voted in the CCI, but you did one thing in the CCI that you waited for four hours for the CM of Balochistan.
04:59 But the CM of Khyber Pakhtunkhwa was not present, you took him to the video conference.
05:03 Now, I have to see this too. I found out today.
05:06 Maybe I will be able to get back to this.
05:08 If he is not physically present.
05:09 If he is not physically present, then what will happen?
05:10 I will ask Mr. Raja, Mr. Raja, this question will come to you.
05:13 If a minister is not physically present in the CCI, can he be mentioned in the video or not?
05:18 Yes, if he can be mentioned.
05:20 You knew that if the minister of Sindh supported the CCI, then the elections would be postponed.
05:24 You still supported it.
05:25 Although you sat here and said that you would support it.
05:28 I just want to ask for a moment, give me permission for such an intervention.
05:31 Whatever decisions the political parties take, but the internal situation is the same as what Abhi Kundi spoke to you about.
05:38 See, people are not satisfied.
05:40 And then there is a question that you have...
05:43 Sir, I have...
05:44 Listen to my argument.
05:46 They are not sent to the assembly for the internal situation.
05:49 They are sent for the external situation.
05:50 No, but then...
05:51 It is not that my internal situation is something else.
05:53 No, no, but I...
05:54 I am a good man, but I make laws.
05:56 No, no, just say one sentence.
05:58 If you did all this for the external situation,
06:00 a dream was shown, you read Mr. Bzinjo's letter.
06:04 In Mr. Bzinjo's letter, this dream was shown that the father will join you, the people of the father will join you.
06:10 Then after that, the letter he wrote and refused to join the People's Party, you read that letter too.
06:16 So, when you see the outside, when you see your politics...
06:19 You are talking about Bzinjo, the former minister.
06:21 The former minister.
06:22 He wrote a letter, that's a big deal.
06:24 You understand what I am saying?
06:26 Exactly.
06:27 The question is that...
06:29 Mr. Raja, I am coming to you with a legal question.
06:32 Look, this is not possible.
06:34 You run with the hair and hunt with the heart.
06:36 Look, I...
06:37 You run on one side and on the other side.
06:40 We have voted against it.
06:42 Mr. Raja's presence...
06:43 Yes, we have voted in the CCI, but there should be no election.
06:46 Both things cannot be done together.
06:47 I would like to take advantage of Mr. Raja's presence.
06:49 I don't care about the fact that two ministers have come.
06:53 Can they represent my province?
06:55 They are not elected.
06:56 They don't have a mandate for the province.
06:58 How can they vote?
06:59 And this thing...
07:00 You are waiting for four hours.
07:02 You could have taken CM Balochistan on video call.
07:05 Who was sitting in Karachi.
07:07 And this Peshawar guy, you could have brought him by road.
07:10 You could have reached by walking.
07:11 By walking, in four hours...
07:12 No, you couldn't have come by walking.
07:13 By car, but...
07:14 No, but these are genuine points.
07:16 And the second thing is...
07:17 Look, the CCI...
07:18 The one that passed in the CCI...
07:19 Look, the constitution is still in accordance with the Act of the Election Commission.
07:24 If you want, you can have the election done in 90 days.
07:27 It is not necessary that you wait for the delimitation.
07:29 Mr. Raja, I have two questions for you.
07:32 One, can you take a statement on video call?
07:35 Like it was taken in the CCI, Council of Common Interest.
07:38 And can two ministers represent the province in the CCI?
07:42 This is a legal question.
07:43 Answer it.
07:44 The second question is more important in my opinion.
07:46 Look, it cannot be done in my opinion.
07:48 The duty of the CCCI minister is very limited to get the election done.
07:52 And they have no purpose.
07:54 How can they represent the province in the policy matters?
07:59 In my opinion, this was a very unique kind of meeting of the Council of Common Interest.
08:03 In which two people were included who cannot represent their provinces.
08:07 As far as the video link is concerned,
08:09 a statement was made that,
08:10 Look, there is a lot of change in the laws in our country these days.
08:13 It has been accepted in many laws that you can record testimony on video.
08:19 So, we will have to see if there are any rules of the Council of Common Interest.
08:22 In those rules, through video link,
08:25 the inclusion or presence,
08:27 is there any concept of it or not?
08:29 But in my opinion, this is a small matter.
08:31 The big deal is that,
08:33 how can two ministers, who are the supervisors,
08:36 how can they represent their provinces?
08:39 And this is the 60% population of Pakistan.
08:42 How can those two people represent it?
08:45 Who have no connection with the representative status.
08:48 This is a very big matter and I think it will go to court.
08:51 You are right, it is the duty of the President of the country,
08:54 under Article 48, Shikhmach,
08:57 to announce the date of the election.
08:59 The assembly that was held,
09:01 it is their duty, it is their duty now,
09:04 to announce the date of the election within 90 days.