Supreme Court Mein Judges Ki Taqseem Ikhtilafat Ki Asal Wajah Kya??
Supreme Court Mein Judges Ki Taqseem Ikhtilafat Ki Asal Wajah Kya??
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00:00Asnad, we have seen a lot of things live from the last 2-3 days.
00:05It seems that there is not much division in the court.
00:08Absolutely, we have seen a lot of division.
00:11It was there for a long time, in the era of Banjara Sahib.
00:14But now, what we have seen is that 6 months ago,
00:18a judge with only one page,
00:20that too, now, there has been a lot of opposition.
00:24And the reason for the opposition is that,
00:266 judges wrote a letter on interference.
00:29On that, some judges were not happy with the attitude of the Chief Justice.
00:35They thought that we should stand with those judges.
00:38At least, we should make a detriment.
00:41But Chief Justice Qazi Faiz Sahib, instead of standing with his judges,
00:44or saying even a single remark in their favour,
00:47he first met the Attorney General, Law Minister.
00:50He met the Prime Minister, Shabaz Sharif.
00:53So, after that, we are seeing that...
00:56But we can see the division.
00:57The division is very clear.
00:58What I can see in these proceedings,
01:00obviously, this case is very important,
01:01because the government will get two-thirds majority or not,
01:04the decision will be made on this.
01:06There is a lot of debate going on, that later...
01:07First, tell me, did you listen to the judge's statement,
01:11you only informed that the Chief Justice will not take any extension or tenure.
01:15Yes, absolutely.
01:16He called the Attorney General and said,
01:19convey that I will not take any extension,
01:23and I will retire on 25-26 October.
01:26But the plan at that time was,
01:29apart from Chief Justice's extension,
01:32we had a plan that all judges will get two years,
01:34both in the High Court and the Supreme Court.
01:36So, this was going on,
01:38so Chief Justice said,
01:39when this leave grant was granted in this reserve seat case,
01:42the next day, this message was conveyed.
01:44But now, the kind of activities they are seeing in the bench,
01:50and the confidence in which the government is in,
01:52if you talk to the people of the government,
01:53they are very satisfied.
01:55And they think that at least this will be ensured.
01:59And the reason for this is,
02:00they have an idea that the position that Chief Justice Qazi Faisal has now,
02:03at least the Chief Justice is very less.
02:05Once, Nasr-ul-Mulk was left in the minority.
02:08I have seen very little in the last 14-15 years,
02:10that a Chief Justice has a view in the minority.
02:13Because Chief Justices have a lot of advantages.
02:164-5 are a part of their core team.
02:18At the moment, 4 out of 13 judges are with them.
02:242-3 are swing votes.
02:27So, the majority can come to them.
02:29So, the government is very comfortable at the moment.
02:31And secondly, a review plan is also being made.
02:33If there is a request for a second opinion,
02:36then if there is a majority of 1-2 judges,
02:38then they will try to break it in the review.
02:41So, this is not that easy.
02:43But Imran is also present.
02:45I will ask Imran as well.
02:46Imran, one argument that is repeatedly made by the judges,
02:49like Athar Minnala, Justice Mansoor Ali Shah,
02:54the argument that is repeatedly made by the other judges,
02:57is that the ballot was taken,
02:59which is repeatedly said by the Qazi,
03:01that it was taken because there was no election.
03:03The problem is that there was an election.
03:05But the way it happened,
03:08the Election Commission of Pakistan had an objection on that.
03:10They said that this is their own constitution.
03:14So, it was not because there was no election.
03:16It was because it was wrong.
03:18But then, as you remember,
03:20Imran, in the last hearing,
03:22there was also a mention of PTI Nazariyati.
03:24Such arguments are coming,
03:26that then what happened?
03:27A press conference took place.
03:28It disappeared.
03:29But the judges are not able to see
03:31that at that time,
03:32an order had come from the Election Commission.
03:34They said that no person,
03:36who is a member of a party,
03:38cannot fight an election on any other ticket.
03:40But the SIC chairman was not allowed to fight that election.
03:43Not only that, but the PTI,
03:44I apologize,
03:45the chairman of the People's Party,
03:47Bilawal Bhutto,
03:48he fights an election on the ticket of the People's Party parliamentarian.
03:50But this restriction was only for justice.
03:53Will the Supreme Court go that way, Imran?
03:55Why do you think this election was taken as a symbol?
03:57There was no election sign.
03:59How was the party not declared?
04:01This will simply be the decision of the seats.
04:05Thank you very much, Kashif bhai.
04:07If we look at the summary so far,
04:09it is clear that the remarks of the judges
04:12are different.
04:14We can see a difference in that.
04:16We can see a division in that.
04:18This is depicting that
04:20whatever will be the decision in this case,
04:22the appeals of the Sunnit Haat Council,
04:24that decision will not be unanimous.
04:26There will be a difference in that.
04:28Some judges will be on one side.
04:30Some judges will be in majority.
04:32On the basis of majority decision,
04:34the Sunnit Haat Council's appeals will be decided.
04:36But in this, Kashif bhai,
04:38it is also worth seeing that
04:40the questions raised by the judges
04:42or by Athar Minalla,
04:44or by Mansoor Ali Shah,
04:46or by Justice Ayesha Malik,
04:48or by Justice Muneeb Akhtar,
04:50those questions can be correct
04:52in their respective places.
04:54But here, there is also a question
04:56that the law and the constitution
04:58say that the case in front of you,
05:00you have heard the same case,
05:02you have taken the grounds of the same case.
05:06On the basis of the Sunnit Haat Council,
05:08you have to decide the case
05:10on the basis of those grounds.