PTI will challenge formation of commission under Ex-CJP Tassaduq Hussain Jillani says Rauf Hassan

ARY NEWS

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Transcript

00:00 First of all, the judges have complained.

00:04 They took it to their own forum in the Judicial Council.

00:06 Chief Justice saw it and sat in the full court.

00:09 They took it as their own institution.

00:12 Now they can debate it, whether it is right or wrong.

00:15 This has become a political issue.

00:17 Because the Justice Department has a strong opinion on it.

00:20 Now that the government is involved, it has been politicized from that side as well.

00:23 Why get involved in this?

00:26 The matter cannot be resolved so easily.

00:31 The allegations that have been made,

00:32 in the history of Pakistan, I think it is the first time ever,

00:36 that the serving judges of the High Court have transcribed such issues on pieces of paper

00:42 and they have sent a letter to the Supreme Judicial Council.

00:45 The matter that goes to the Supreme Judicial Council is basically a complaint.

00:50 And the job of the Supreme Judicial Commission is to investigate,

00:53 to make a decision about it.

00:58 This was a very simple way.

00:59 Along with this, they recommended a judicial convention

01:03 so that the other judges, who work in lower courts or higher courts,

01:08 can also express their views,

01:10 whether they have to go through similar experiences or not.

01:13 That is why a judicial convention was made.

01:15 Now this matter was very simple.

01:17 It should have been done.

01:18 The Supreme Court has done this work in the case of Justice Iftikhar.

01:23 It has done it before as well.

01:24 It has invoked 184(3) and done it.

01:27 It could have been done here as well.

01:28 The matter could have been resolved.

01:29 If there was a genuine desire to reach the bottom of this matter

01:35 and to end this process.

01:37 I am not saying that you should arrest someone and beat them.

01:40 But at least a process of intervention into the judicial affairs should have been ended.

01:45 Then Chief Justice Bhama could have played a very effective and proactive role for the other judges.

01:52 But that did not happen.

01:53 The reason for that is that the entire judiciary has been tarnished.

01:58 Unfortunately, I am not going to go into the history of 76 years.

02:02 It will be a long story.

02:03 But at least in the last two years,

02:06 I will have a dispassionate conversation with you.

02:09 I will not give you a political agenda.

02:12 Honestly, I have never seen such a one-sided treatment in the last two years.

02:16 We have gone through it and are still going through it.

02:20 I have a personal opinion and my party's opinion that the judiciary has become a partisan.

02:27 It is playing on one side.

02:28 They have ruined the matter.

02:30 I will not talk about Justice Tassaddak.

02:34 You are right.

02:36 You are in a categorical position.

02:37 As a person, we do not oppose him.

02:40 But the job that he has been given, he will not be able to do it.

02:44 Because he has no authority.

02:46 He is a retired judge.

02:47 You have said a lot of things that I wanted to say.

02:52 Who will come in front of him?

02:53 No one will come.

02:54 What will he do?

02:55 What authority will he exercise?

02:56 The second thing is that the government has already told its mind that this is wrong.

03:02 That the work done by the judges is wrong.

03:04 There is no truth in it.

03:06 The executive who is implicated in this, who has been indicted in this letter,

03:11 has already put the bar of judgment on his head.

03:16 He has already told his judgment that this is wrong.

03:21 So what is left after that?

03:23 What will Justice Tassaddak do?

03:25 He must have thought about it and completed this assignment.

03:28 He has a good impeccable credibility.

03:30 He must have thought about it and then accepted it.

03:32 So there is no objection to his personality.

03:34 Despite being the chairman of the committee, you have objections to this committee?

03:40 Our principle is completely different.

03:43 We have said from the first day that we will not accept any commission or any investigation under this executive.

03:51 Why?

03:52 Because four people have been indicted in this letter.

03:55 One is the intelligence agencies and their operators.

03:58 Number two, the executive, who is being represented by Mr. Shabbaaz Sharif.

04:04 Third, the Chief Justice of the High Court.

04:07 And fourth, the Chief Justice of that time, who was also in a meeting with him,

04:11 who was Mr. Bandyal, while Justice Qazi Faizi was also in a meeting,

04:14 when he was a senior peony judge.

04:16 So these four people are directly and indirectly implicated.

04:19 Now what is implicated?

04:20 A person who is a notorious criminal, will decide on his own case as a judge.

04:26 This is our basic contention.

04:30 So the executive does not have credibility after this implication.

04:38 So now what will happen?

04:40 The government has made the commission, along with the Chief Justice and the full court,

04:44 they are making this decision with backing.

04:45 Now the commission has been made.

04:46 Now will you challenge this?

04:47 Where will you challenge?

04:48 Because the Supreme Court has given its wind, they want this to be decided through the commission.

04:52 So you have no firm right now.

04:53 There is no backing from the full court, Maria, I am sharing this with you.

04:56 Yesterday I have demanded in my press conference that the minutes,

05:00 we have the right to information,

05:02 the minutes, the two days that they have so-called informal full court,

05:05 the minutes of that they are giving us.

05:07 If they do not give us the minutes, then we are going to the commission.

05:09 But dissenting view has not come in the public domain yet, right?

05:11 No, they have to give it to us, because they have the minutes on the basis of that,

05:14 the consultation that took place, they have the minutes.

05:16 Of course they have, but if the Chief Justice announces it,

05:19 no one has challenged it, no one has denied it.

05:21 It was not a unanimous decision.

05:23 There was opposition from within the Supreme Court, very strong opposition.

05:27 But this is the final decision, the opinion is divided inside,

05:31 but the final opinion that comes, when it is accepted, then that too.

05:35 We will challenge the formation of commission.

05:37 We will challenge the formation of inquiry commission.

05:40 In the Supreme Court?

05:41 Definitely wherever the appropriate forum will be, our legal team will decide.

05:44 So the Supreme Court's chief justice, Qazi Sahib, he went to the government,

05:47 they have completed this mission together.

05:49 Executive and judiciary have become one.

05:51 When I was doing a press conference that day, I said that this judiciary,

05:55 it is selling its independence to the executive.

06:00 Justice Qazi Faiz Isa Sahib has sold his judiciary's independence to the executive.

06:08 Executive, executive, do you know what forces are behind it?

06:11 This is a very big factor of Pakistan.

06:14 We should know this, we should investigate this.

06:20 This is not a case that it is under the overall lordship of a criminal

06:24 who is under the jurisdiction of Justice Tasaddaq.

06:28 You know you are making a tribunal.

06:30 There is another opinion that because the people's party is silent,

06:35 PMLN is in the government, they had to become a part of it.

06:38 When you are active politically, the main issue is removed.

06:41 This issue is politicized after the involvement of political actors.

06:46 Look, it is in its place, but I will not say to politicize it.

06:49 Basically, we are trying to treat it as a legal issue.

06:54 And we are urging to take the right steps, which we feel should be taken.

07:00 The complaint has gone to the Supreme Court,

07:02 the complaint has gone to the Supreme Judicial Council.

07:04 It is their responsibility to respond to this complaint

07:11 and take all the necessary steps, which are mentioned in this letter.

07:16 So eventually you want that the sitting justices should form a three-member group?

07:20 No, we want a full court.

07:22 Yes, absolutely, a full court.

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