Kya ek judge ke liye munasib tha ke aise remarks dety: Justice Jamal Man...
Kya ek judge ke liye munasib tha ke aise remarks dety: Justice Jamal Man...
#supremecourt #qazifaezisa #breakingnews #arynews
#supremecourt #qazifaezisa #breakingnews #arynews
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00:00 [Hindi]
00:19 Sir, in this case, there was only one hearing, camera done, nothing else was done.
00:26 [Hindi]
00:36 But, there are two kinds of speeches. I mean, is a judge not allowed to make a speech?
00:43 Yes. I think we should not forget the facts. The fact is not making of the speech.
00:50 If it's making of the speech, then probably half the superior judiciary will have to go home.
00:55 Because how many judges have made to the Bar Council speeches?
00:59 I mean, these are not two...
01:02 That speech was made before a Bar Council speech.
01:05 No, no. So, it's not a question of mere making of a speech. It's the content of the speech.
01:10 I think both go together. Now, it depends what I say. If I say, I go and tomorrow I make speeches,
01:16 independent of the judiciary, this, that, the other, fine. I may even canvass a view which is different.
01:23 But if I make an allegation against someone, so I think the... you can't disconnect the two things.
01:30 It's the nature of the allegation. Because I would say, otherwise we will have to read that Article 19 is not available to judges.
01:42 You may not agree with the judge's point of view, fine. But you remove him on that ground.
01:50 The Code of Conduct doesn't say you can't make a speech.
01:53 So, on it, I don't think there's anything wrong per se in making a speech.
01:57 Now, if you make some speech and you attack, launch a vicious attack or loaded attack or whatever you want to call it,
02:05 that we cannot disconnect with it. We have to read it, see it together.
02:10 I mean, I can't just say, oh, making of a speech. I mean, making of a speech is your right.
02:14 Anybody's right.
02:16 And it's not exactly... By the way, you may be interested to know that the United Kingdom, which is so conservative, judges give interviews.
02:27 I mean, it's the House of Lords. I mean, you know, those restraints have gone far gone.
02:33 And there's the American Supreme Court. As judges of the Supreme Court, Justice Stephen Breyer and Justice Scalia's debates all make public.
02:42 Debates were pretty vicious on various law schools they were given.
02:50 So, let's connect it with the speech. Now, nobody's taking us to the next level.
02:56 What do we do? Can we personally ourselves inquire into the matter?
03:02 Sir, one thing which I just want to point out, there were a number of speeches made by Justice Kyani which was published.
03:09 I agree with you on that. I agree with you. I think it is connected with the content.
03:16 If you put such an allegation to another, I don't want to use the word institution, but it's important, whatever, Department of the Government, whatever you want to call it.
03:32 So, naturally, it is not a nice matter. But if they are true, it changes, I think, the complexion of the matter.
03:42 Sir, page 70, if you look at it.
03:45 This is the solution, I am not telling you.
03:47 The solution is that at this time, this order of the President, based upon the report of the Supreme Judicial Council, may need to be quashed.
03:59 No, no, no, look, look, look, Mr. Hamid Khan, it's not so simple.
04:04 Then we will be faced with an allegation that the Supreme Court threw Mr. Bajaj's clients under the bus and saved one of their own.
04:16 Look, we have to be very fair to both sides because you made an allegation targeting specific persons.
04:23 So, if we quash it, that means, effectively means, that all that you said was true, without an inquiry, one way or the other.
04:32 Now, how can we, I mean, what do we do then?
04:39 Sir, then the answer can be, I am just making a humble submission, that let this order of the President be quashed,
04:47 let this report be also quashed and let the matter be remanded back to the Supreme Judicial Council to hold an inquiry.
04:54 Then this order be passed?
04:57 I believe so.
04:59 [Hindi]
05:06 Okay, are you saying it's inherent in fundamental rights and due process?
05:11 Yes.
05:12 Power of remand, can you remand the matter to the Supreme Judicial Council?
05:16 That can be consequential on the quashment of the order.
05:21 It can be...
05:22 [Hindi]
05:25 Let's see, Mr. Bajaj is a senior counsel, let's see what his view is.
05:30 Can we remand the matter to the Supreme Judicial Council or we can't?
05:34 May I very humbly make a comment?