Aam Intikhabaat Karanay Ka Kaam Election Commission Ka Hai, Yahya Farid Ka Qanooni Tajzia
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00:48 uh uh. the Supreme Court.
00:53 "You cannot take legal decisions with a platform set by social media."
00:57 "So firstly, the curator's motive, and the intention for filing the application than that was very questionable."
01:04 "And today the honorable chief justice even raised the question that who is the petitioner and why did he file the application;
01:10 "what is the connection with the PTI and the impression that we are getting is that this petition was filed to somehow derail the election."
01:23 "Because today the election commission was supposed to announce the schedule and the training of the returning officers had started,
01:25 "probably a day or two had passed since the training and a complete notification was suspended,
01:30 "that too in the court that had suspended it before the judicial officers were allowed to give it."
01:36 "And in today's proceedings, it was also found that the election commission had written letters to the five chief justices of the high courts for the judicial officers."
01:45 "And the high courts had rejected them to give to their officers, especially the Lahore High Court."
01:51 "So the decision of the Lahore High Court, as the chief justice said today, that it is a writ which they have given against their own court."
01:58 "And the second thing is that it is very important that you file such a big allegation without any evidence and there is no evidence and such a big judicial order comes in which it is said that
02:08 "1014 officers are being manipulated or biased. So tomorrow, should I file an application in the court as a citizen of this country that I do not have confidence in the judiciary,
02:18 "that the judicial officers will not hold free and fair elections. So will tomorrow's court or judge stop the appointment of judicial officers as well?"
02:26 "And this is the same question that the chief justice asked today."
02:30 "Yes, you are absolutely right, Mr. Iyafari. The chief justice's remarks today were very harsh."
02:35 "The judge of the Lahore High Court made a decision and crossed his limits. This was said in the ruling."
02:39 "Along with that, the case of Umair Niazi has also been issued a notice of insult to the court."
02:44 "Look, two things should be understood now, whether it is the judiciary, the common people, the civil society or the media."
02:51 "Article 218 of the constitution and Article 219 of the constitution say that the election commission of Pakistan is the prerogative of conducting elections."
03:02 "Whether it is the President of Pakistan or the judiciary or the parliament or the Prime Minister, they do not have a function."
03:07 "You have to trust the election commission of Pakistan to conduct elections on that basis."
03:12 "If you are challenging the virus, section 41 of the election act, then technically you are saying that elections cannot be held."
03:19 "Because under that section, the appointment of returning officers has to be done."
03:23 "So, this petition had no basis and then an order came on it."
03:28 "And look, there was a problem with the order too."
03:30 "On one hand, the judge of the Lahore High Court is saying that I am referring to the Chief Justice for a larger bench constitution."
03:37 "And at the same time, he is suspending that order."
03:39 "And today, the Chief Justice also said that the judicial proprietary demands that if you are referring the matter to a senior judge or Chief Justice, then you should not pass any order."
03:48 "The Lahore High Court has passed an order and the appointment of returning officers in the whole of Pakistan..."
03:53 "This is my question, Mr. Iyaiah."
03:54 "This is my question, Mr. Iyaiah."
03:55 "When the Supreme Court had given a decision, it was said that there is a line on the stone that elections will be held on 8th February."
04:00 "So, how did the judge of the Lahore High Court issue a ruling?"
04:04 "And the second thing is that when PTIA filed a petition in the Supreme Court and they were a party."
04:09 "So, was this demand put in front of the Supreme Court on 3rd November?"
04:13 "Was this time right to demand this?"
04:16 "Was a petition filed to the Election Commission in which it was said that these are the officers with whom we have a problem?"
04:22 "What kind of petition is this in which you say that we have a problem with 1014 people?"
04:26 "Without any evidence, without any fact-finding committee or any report you can put together that which officer is it that you have a problem with?"
04:34 "Whether it is a matter of one officer or ten officers, you should at least appeal to the Election Commission."
04:38 "So, it seems like PTIA wants that they have some specialised umpires or referees who can decide for them."
04:45 "So, they should get the elections done, they should sit on the benches of the judiciary and decide for them."
04:49 "They should give them benefits."
04:51 "This does not happen. Like I told you that this is a very easy method."
04:55 "Tomorrow you file a petition in the High Court that you have no confidence in the judiciary."
04:59 "Then I will file another petition. So, who should the returning officers appoint?"
05:03 "Mr. Yaya Pari, this question comes from this point that can this happen in the future as well?"
05:09 "Can this become a precedent that any petition should be brought forward and the election should be derailed and the delay should be used?"
05:17 "This is what Mr. Achik Jaffer said today that it seems like you do not want to get the elections done."
05:23 "That is why you file such frivolous and baseless allegations in the courts."
05:29 "That you challenged section 41 of the YDC and did not show any constitutional violation."
05:34 "And it is also important that the remarks of the judge, the judge of Lahore High Court, are also very serious."
05:43 "Because he said that he violated his code of conduct as well."
05:47 "That there was a direction from the Supreme Court that the elections should be done on the 8th and two months are left."
05:52 "The appointment of the ROs will be done and their training has already started."
05:55 "The election schedule will be announced on the 6th."
05:58 "The nomination papers will start getting filed."
06:00 "And today you are filing this application and suspending the Lahore High Court."
06:05 "So how will the elections be done?"
06:06 "I think this application was filed intentionally and deliberately."
06:11 "They wanted to derail the elections."
06:13 "And it seems that the PTI has been talking for the past 6 months that there should be elections."
06:18 "But maybe they want that the elections should not be done."
06:20 "They want to come under power."
06:22 "And the elections should be such that the ROs and the benches should give their verdict."
06:28 "I think this is a very shameful and not a good proceeding that took place in Lahore High Court."
06:35 "And this is a very positive decision that came from the Supreme Court of Pakistan."
06:41 "And finally some sense was restored that was ruined by the decision of the Lahore High Court."
06:47 "Okay, Mr. Fareed, stay with us. Maria Memon is also with us."
06:51 "As Yaya was saying, it seems that the PTI is being delayed in the elections."
06:55 "So you tell us, what is going on in the PTI from the elections to the elections?"
07:00 "Maria, can you hear me?"
07:08 "Okay, so Yaya is with us."
07:17 "Yaya, what is going to happen further regarding the insults that were made against Umair Niazi?"
07:24 "Look, the Honourable Supreme Court of Pakistan has called for a petition."
07:29 "And I am very sure that the Honourable Supreme Court will also look at this aspect."
07:34 "Why was the petition filed and what were the reasons and motives behind it?"
07:39 "Because there is a lawyer who belongs to Lahore."
07:42 "And his PTI, he has written in his memo of appeal that he is filing on behalf of the PTI."
07:48 "Or he is a member of the PTI."
07:50 "So the Supreme Court will look at the basis of this question."
07:54 "Because it is important to see whether the PTI has filed such an application in the past or not."
08:02 "They had a lot of time. They have been fighting for elections for a long time."
08:06 "During the hearing, this question was also asked on behalf of the Chief Justice, the Lawyer of the Election Commission."
08:12 "Did you receive any request of any kind?"
08:15 "Yes, absolutely. And if I had received it, I would have filed an appeal."
08:19 "Because when you file an appeal, Article 199, the writ jurisdiction of the High Court."
08:24 "For that, it is important that you have exhausted adequate remedies first."
08:28 "That adequate remedy was that you go to the Election Commission and file an application."
08:32 "And in the application, the officers whom you feel are biased or have been politically manipulated."
08:37 "You file an appeal against them."
08:39 "And see, it is not the job of the court to decide which officer is biased or not."
08:45 "This is the job of the Election Commission."
08:48 "And perhaps today we should understand that these elections are to be held by the Election Commission of Pakistan."
08:54 "You will have to have confidence and trust in them."
08:57 "This judiciary cannot hold an election."
08:59 "The President of Pakistan cannot hold a Parliament election."
09:02 "If you are going to the High Court without filing an application, Article 199."
09:07 "Then this was not maintainable at all."
09:09 "This petition was not maintainable in the High Court."
09:11 "On which such a big order came that you derailed all the elections in Pakistan."
09:15 "You want to stop the elections in some way."
09:17 "This means that your statement, the stance you have made on the elections."
09:22 "Absolutely, Mr. Yaya Fareed, we will talk to you again on this matter."