Justice Athar Minallah's additional note on reserved seats case - Complete Details
#justiceatharminallah #reservedseats #sunniittehadcouncil #pti #sawalyehhai
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NewsTranscript
00:00Just a few moments ago, Justice Atar Vinaylal has sent an additional note regarding the case of Maqsoos Naseeruddin.
00:05This is a very big charge sheet against the Election Commission and its interpretation of the Supreme Court's decision.
00:12What does this additional note say?
00:14Let me tell you quickly.
00:15The Election Commission has admitted that a large community has been declared ineligible in the light of the Supreme Court's decision.
00:22The Supreme Court's decision was not to declare any community ineligible.
00:26Due to the misinterpretation of the court's decision, a large political community was excluded from the electoral process and the voters were deprived of their fundamental rights.
00:33What were the complaints before, during and after the elections?
00:37The Election Commission should provide a complete record.
00:39The Election Commission should submit written documents on the court's questions.
00:43The Election Commission should tell why the PTI was excluded from the electoral process.
00:46Why was the PTI not given specific seats by excluding it from the electoral process?
00:50At the same time, the PTI should also be held accountable for giving the level playing field to other political communities.
00:55The Supreme Court has the legal power to enforce complete justice.
00:58The eyes cannot be closed on the questions raised on the basis of the electoral process.
01:02It should not be the impression that the court has failed in its interpretation of the elections by the Election Commission.
01:09The real stakeholders are the people, who are not in court at the moment.
01:13It is the court's responsibility to protect the fundamental rights of the people.
01:18Justice Nath Aminallah has suggested that the 8th February elections process should be heard with the same case.
01:25Asnath Malik, senior court reporter, and Raja Mohsin Nijaz cover the proceedings of both the Supreme Courts.
01:31They understand the context better.
01:34Mr. Asnath, let's start with you.
01:36What is the significance of this?
01:38The decision is still pending, but Justice Nath Aminallah has submitted an additional note.
01:42What is the significance of this additional note?
01:45Will it make a difference?
01:47What will happen next?
01:49How will it have an impact?
01:51There have been two developments regarding Justice Nath Aminallah.
01:55First, he has submitted an additional note.
01:58Second, he has written a letter to the Supreme Court.
02:02In the letter, he has clarified his position.
02:06In the case of Faisal Wada and Mustafa Kamal, the Supreme Court has filed a complaint against them.
02:12The Supreme Court has said that they have not filed a complaint against them.
02:17They have not consulted me.
02:19In fact, I believe that any kind of complaint against the judges should be ignored.
02:28This is what I did in Islamabad.
02:31I have nothing to do with the case of contempt.
02:35I have not filed a complaint against the two judges.
02:44Secondly, regarding the additional note, I believe that the Election Commission is not bound by the additional note.
02:53The additional note should have been given by the majority judges.
02:59Either they would have endorsed the additional note or the Election Commission would have been bound.
03:03You may remember that when this case was going on, Justice Nath Aminallah verbally asked the Election Commission's lawyer.
03:09The Election Commission's lawyer was very confident.
03:13He knew that Justice Qazi Faisal and Justice Nath Aminallah were on the same page.
03:17He asked Justice Nath Aminallah to give him a written order.
03:21Justice Qazi Faisal clearly said that this case is not bound by the additional note.
03:25This is an appeal of 185.
03:27I believe that there is no need to give this kind of an order.
03:31This is not an order of the court.
03:33This is a note of an additional judge.
03:37It is an observation.
03:39Morally, it can be debated.
03:41There is a point of view.
03:43It will become legal only when 7 out of 13 judges sign it.
03:49You said an interesting thing.
03:51In this case, Justice Nath Aminallah raised legal points in front of the court.
03:59Now the case is under debate.
04:01Is there any evidence in the past of the additional note being used?
04:09Do you see any significance of the additional note being used?
04:13As far as the additional note is concerned,
04:15Mr. Malik explained it well.
04:17There is no legal bounding.
04:19I would like to go into the background of this case.
04:21When there was an atmosphere of elections in this country,
04:23and the elections were very close.
04:25At one point, Justice Nath Aminallah was on a bench.
04:28The bench ordered the Election Commission of Pakistan to make sure that
04:32all political parties should have a level playing field.
04:35I remember that on the same day,
04:37the Election Commission ordered that
04:40the leadership of Pakistan should meet at 3 o'clock
04:44and all their reservations should be removed.
04:46After that, how many reservations were removed,
04:48how much level playing field was found,
04:50this is in front of everyone.
04:52As far as the additional note is concerned,
04:54we saw that the majority judgments of the Supreme Court were there.
04:58The Election Commission of Pakistan did not agree to that.
05:00Let's leave the judgments of the Supreme Court.
05:03We saw that in many things,
05:05it was very clear that these things should be done.
05:07For example, elections should be held in such and such time.
05:09There have been several instances
05:11when it was the responsibility of the Election Commission
05:13to hold elections.
05:15I will talk about local government elections,
05:17I will also talk about general elections
05:19that were to be held all over the country.
05:21I will also talk about the elections of the provincial assemblies
05:23that were dissolved before time.
05:25But we saw that at no point did the Supreme Court's decision
05:27or the Constitution of Pakistan
05:29or other such things,
05:31the laws,
05:33were followed regarding elections.
05:36Similarly, the additional note
05:38is just a piece of paper.
05:40Mr. Malik is right,
05:42there is a point of view.
05:44Many people have this point of view.
05:46But I don't understand,
05:48will it help the case?
05:50What difference will it make
05:52in the case of Manzar-e-Aam?
05:54Because these things are already being discussed
05:56in the court.
05:58Everyone is watching.
06:00I want to understand specifically, Mr. Asnath,
06:02if there is no legal bounding,
06:04then what do you make of the note?
06:08Look, the debate has started
06:10and you see that the PTI
06:12or the lawyer of the Sunni Council
06:14will also talk about it
06:16and will put forward a request
06:18that these things are very important.
06:20If the majority judges are convinced,
06:22then this can be discussed.
06:24I think Justice Qazi Faisal
06:26did not consult with the other judges at that time.
06:28The note of Justice Atal Minalla,
06:30was it sent to all 12 judges
06:33because he did not know
06:35whether this note was sent
06:37to the other judges or not.
06:39Now the next hearing,
06:41it seems to be the last hearing.
06:43Now let's see what happens in it.
06:45But there is a very clear division.
06:47There is a section of two judges
06:49who think that the Election Commission
06:51is also a constitutional body.
06:53It was their responsibility
06:55to look at all these matters
06:57and the candidates of the PTI,
06:59which was a registered party,
07:01The second point of view
07:03is that Justice Qazi Faisal
07:05thinks that even if it is wrong,
07:07then the legal team of the PTI
07:09should have consulted with the courts.
07:11Why are they silent?
07:13So this is a point of view.
07:15One thing is very clear
07:17that the interpretation
07:19of the decision of January 13
07:21was not correct
07:23and the PTI should have
07:25gone to the reserve seats.
07:27Now the PTI did not come.
07:30Now let's see what happens
07:32at the hearing on Monday.
07:34Hassan, quickly,
07:36as you said that the hearing
07:38is on Monday,
07:40it is a very clear division.
07:42If I ask you,
07:44what do you think
07:46is the translation
07:48in the number?
07:50Can anyone guess
07:52or will you wait?
07:54No, I think that
07:56five judges have a very clear
07:58remand.
08:00We can say that the judges
08:02can go here,
08:04like Jaya Afridi,
08:06like Jamal Mandookil,
08:08like other judges.
08:10Their remands are very clear
08:12but we can consider
08:14their point of view.
08:16So if we look at the situation,
08:18this hearing was supposed
08:20to be concluded last week.
08:22Why was it extended?
08:24Now let's see what
08:27happens at the hearing.
08:29If everything goes well,
08:31the PTI and the Sunni Council
08:33will have an advantage.
08:35When a hearing is held
08:37after 3-4 days or 15 days,
08:39then the legal and technical
08:41things come out more.
08:43Let's see what happens.
08:45I think that the victory
08:47of the Chief Justice
08:49will be that the unanimous
08:51decision will either be
08:53convinced or others
08:55will lose the case.
08:57The case is not that simple.
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