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Supreme Court Main Bat Symbol ka Faisla Zair E Behas | Kashif Abbasi's Analysis
Supreme Court Main Bat Symbol ka Faisla Zair E Behas | Kashif Abbasi's Analysis
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00:00two points on which we will talk today. On one hand, there is a case of special sessions in the Supreme Court.
00:07There were many remarks, very interesting remarks. We will talk about that.
00:10But before that, I would like to pay a little attention or see a little.
00:15In the tribunal, there were cases of three sessions in Islamabad.
00:19You will remember, Form 45 was matched.
00:22Opposition, other people who have lost the elections from these circles,
00:26who have nothing to do with Tehreek-e-Insaf or Muslim League Moon,
00:29they also took their Form 45.
00:31When they were seen, their Form 45 was almost matching those of Tehreek-e-Insaf's Form 45.
00:37But when the members of Muslim League Moon, the elected members, were told to bring their Form 45,
00:44they filed a request to the Election Commission of Pakistan.
00:49Three people filed a request. Two requests are almost photocopies.
00:55And one request has been filed on behalf of Mr. Anjum Akhil.
00:59In this, the prayer is almost the same among all that our petition or our tribunal should be changed.
01:07And its reasons or its grounds have been told that there is no expectation of justice
01:12because the case is being run in an unsatisfactory way.
01:16The tribunal is in a hurry, that is, let it work late, it is in a hurry.
01:20And there will be no justice.
01:22The tribunal is being biased.
01:26It has also been said that the individual should be dealt with under Article 4 of the Constitution.
01:36A fair trial should take place under Article 10A.
01:39And its definitions have also been told.
01:41But it has been said that the unjustified proceedings before the Benworthy Election Tribunal
01:44at very inception of the election petition
01:47vividly reflects partisan, bias, partiality, favoritism, nepotism, and party-free.
01:56This is a technical term.
01:58This is a demonstration of impartiality on the part of the tribunal.
02:01They said, I live by the rules, but I am being defeated on the basis of malafide.
02:06The process was not followed.
02:08The record was made on the first date.
02:11This has also been said in the petition.
02:13The first hearing has been given in such an order that the tribunal has filed a request in absentia,
02:18due to which a fair trial will not take place.
02:20Then the word sabotage, free, fair, and transparent trial will be used.
02:24This bias and the word sabotage was being used again and again.
02:28Justice should not only be done, but should also be seen.
02:32Such remarks have been passed that the decisions have been thought out in advance.
02:37Our trust has been shattered.
02:41The case cannot proceed like this.
02:43The case cannot proceed without impartiality, justly, objectivity, and neutrality.
02:49This is why our tribunal should be changed.
02:52These are the requests that were filed in front of the Election Commission.
02:56Dr. Tariq Fazal Chaudhary has come with us.
03:00His request and Anjum Akhil's request are different.
03:06But Raja Khurram Zaman, you have photocopied it.
03:08There is no difference between the two requests.
03:13The same kind of allegations have been put on the election tribunal that there will be no fair trial
03:20because the case is being handled without impartiality.
03:24And there are rights. There should be a fair trial.
03:28There is a bias.
03:30The trust has been shattered.
03:32The tribunal has been shattered.
03:34The allegations have been summed up.
03:38We live according to the law.
03:40The Election Commission should see that there is no element of bias.
03:44No one should be biased.
03:47On this, the Election Commission has been appointed for a hearing.
03:50The Learned Council of the Petitioner has said that the tribunal is biased.
03:57It is time-barred and incompetent to hear this case.
04:01Therefore, we feel that the points that have been raised need to be considered.
04:08Therefore, the application has been admitted for a regular hearing.
04:12And the election tribunal is directed to submit the record before the commission.
04:18What will happen on this? We will see that too.
04:21Today, we will talk about what will happen on this at the Supreme Court.
04:24There was a case in the Supreme Court.
04:26A very interesting case.
04:28Today, the case of Tariq-e-Insaaf was mentioned again and again.
04:31Judges remarked that the Supreme Court's decision was wrong.
04:40But it was pointed out.
04:44There was a defense. Why was this decision given again and again?
04:47The level playing field was also mentioned.
04:49I want to hear about it.
04:50After that, we will talk about the pre-election.
04:53In the next part of the program, we will come to these tribunals.
04:56Mr. Asad bin Lalla talked about the level playing field.
04:58Tariq-e-Insaaf was not given a level playing field.
05:01What did he say? Listen.
05:02The most important right is the right to vote.
05:05There were complaints of the political party PTI.
05:09It was consistently complaining that it was not getting free hand to contest the elections.
05:14There was no level playing field.
05:16Those complaints are in front of us.
05:18We are the custodians of the fundamental rights.
05:23And those who are not before us, the voters, we need to consider their rights as well.
05:28Challenges were faced by one political party.
05:31It was complaining of a coercive apparatus of the state in operation.
05:35And it has not happened for the first time.
05:38It has been repeatedly happening.
05:40And every political party at some time has faced it.
05:44We may pretend as if everything is hunky-dory.
05:47It is not.
05:49We may pretend as if everything is hunky-dory.
05:52It is not.
05:53One political party was complaining for the rights.
05:57They were not given a level playing field or free field.
06:00Coercive apparatus of the state was operating in its place.
06:04On the other hand, there was an interesting debate on the symbol of the bat.
06:09Listen.
06:12Let's clarify this factually.
06:14Was bat as a symbol offered to the candidates after the judgment of this court?
06:19No.
06:20Because that would have allowed the PTI to do indirectly what it couldn't do directly.
06:25Yes.
06:26And it would have been a violation of the Supreme Court judgment.
06:28There would have been a contempt litigation.
06:30Does the Supreme Court judgment say that individuals cannot be allotted the bat symbol?
06:35Does it say that?
06:39Does it say it?
06:40No, it doesn't.
06:41Thank you.
06:43What is the logic behind taking the bat?
06:45There was a debate on this as well.
06:47What was the reason for the political parties to be deprived of the bat symbol?
06:52What papers did you hear?
06:53The inexorable logic of that judgment can lead only to this conclusion that the election bat symbol is off the book.
07:03No one can get it.
07:04Full stop.
07:05Not for this general election 2024.
07:07That is the logic.
07:09Anything that deviates from this logic deviates from the judgment.
07:12Now this was the problem that faced the candidate and all other candidates who as per form A of the parent statute were nominees.
07:22Then it was also said that inadvertent mistake by the Supreme Court.
07:27What was the mistake?
07:31There was an intervening event.
07:33Yes.
07:34The intervening event was that the denial to the political party of the election symbol which was upheld finally by the Supreme Court.
07:41Yes.
07:42And affirmed.
07:43The election commission could not deny that they were members of a political party because of this form.
07:48But they couldn't allocate an election symbol to them because of the judgment.
07:52Yes.
07:53The only possible course then was to allocate a symbol which was not given to any other political party.
07:58Yes.
07:59That's all that happened.
08:00That's all that happened.
08:01A symbol was taken.
08:02The democracy and the Supreme Court opens at night.
08:05What did Justice Faiz-e-Ishaq say on that?
08:08This parliament was equal.
08:10The vote of no confidence comes.
08:11Wasn't that a violation of the constitution?
08:13Dissolved.
08:14Okay.
08:15Then there would be criticism that why did the Supreme Court sit at night?
08:17The Supreme Court is the guardian of the constitution.
08:19Why should it sit at night at 2 o'clock every night if it is protecting the constitution?
08:23If we talk about democracy then let's talk about democracy.
08:26Let's complete it.
08:27Please go ahead.
08:28If we start speaking the truth then the truth is very bitter.
08:31No one speaks the truth.
08:33I always try to speak the truth.
08:35If everyone doesn't speak the truth then I won't be responsible for it.
08:40Justice Atal Minnala said that the truth is very bitter.
08:42If we talk about democracy, Justice Qazi Faiz-e-Ishaq said that let's complete it.
08:46If there is a violation of the constitution then let's open the courts at night.
08:48Sir, free and fair election is also guaranteed by the constitution.
08:52We have seen many violations in the past few days.
08:55It is unfortunate that if we start talking then a line will be drawn
09:00that what all violations were there in the past two years.
09:03There were no elections in this country which was the biggest violation of the constitution.
09:07There were no elections.
09:08If the courts should be open at night for protection then why weren't the courts open?
09:13And it was ensured that the elections of two assemblies are within 90 days.
09:17It was not done.
09:19How were there crackdowns against political parties?
09:22How were there crackdowns against their community?
09:25How were there nine arrests and bailouts?
09:28This is the court where the case of level playing field came.
09:31They said that we are not allowed to hold a convention
09:33which is their fundamental right in the constitution.
09:35Right to assembly is their fundamental right.
09:37It is easy to talk about opening the assemblies at night.
09:40But this does not happen.
09:42Let me introduce my guests again and again.