Reserved Seats Case - PTI Say Ghalti Kab Aur Kahan Hoi? - Salman Akram, Kamran Murtaza's Reaction
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00:00I will directly come to the point. If the Chief Justice of Pakistan is not able to answer the question,
00:06then how can I force you to answer the question?
00:11That is why I will not insist on it. His position is very big.
00:15Sir, I will go ahead with a specific point.
00:18The court also expressed this opinion on some occasions.
00:21Mr. Kamran Murtaza was also present. He also said this.
00:23He said this in our program a few days ago.
00:25Do you think it was a legal mistake or not,
00:30that the Sunni Council did not make a list of specific institutions
00:36until the date it was set?
00:39So it cannot be entertained.
00:41No.
00:44And why?
00:45Absolutely. There is no mistake.
00:46Tell me.
00:47Look, there is no mistake.
00:48If you look at the constitution,
00:50first start with the constitution.
00:52Article 51, clause 6,
00:54it does not specify the period or the period
00:58for which you have to give lists for the special sessions of your candidates.
01:03There is no mention of this in it.
01:06It is only said that political parties
01:08who get seats in the assembly,
01:11and there are two ways to get seats.
01:14One is that you win the elections directly.
01:17The second is that a free candidate
01:20joins the party after being successful.
01:22In both cases, the party that has the general seats
01:26will be entitled to the seats of the special sessions.
01:29This is what the article of the constitution says.
01:32Article 51, clause 6,
01:34for women and non-Muslims.
01:38It does not say when you have to give the list.
01:43Section 104 of the Election Act of 2017
01:47does not say when you have to give the list.
01:53It also says that the list will be given.
01:55We have an example of 2019
01:58when the head of the election commission,
02:02a retired judge of the Supreme Court,
02:04Justice Sardar Raza,
02:06has decided that the lists can be given later.
02:10The Balochistan People's Party did not win any seats
02:13in the Khyber Pakhtunkhwa Assembly.
02:15They did not give any list before.
02:17After the election, they were given a chance
02:19to collect the lists.
02:21And they were given special seats
02:23on the basis of free candidates
02:25who joined the Balochistan People's Party
02:28in the Khyber Pakhtunkhwa Assembly.
02:31And according to that case,
02:33today the election commission opposes
02:35that it was a wrong decision. Is that right?
02:37You cannot say that.
02:39There is no mistake in that.
02:41Today, with a lot of emphasis,
02:43there is no mistake.
02:45When you read Article 51.6,
02:47it does not say that one seat
02:49should be directly elected.
02:51This is an invention.
02:53It is something that has been included
02:55in Article 51.6.
02:57Article 51.6.51.6 only says that
02:59the party that has general seats
03:01will get special seats.
03:03It does not say anywhere
03:05that at least one of those general seats
03:07should come through direct election.
03:09Peshawar High Court also said
03:11that we are including it.
03:13It is a purposive interpretation.
03:15We included the word
03:17in an interpretation
03:19and we are including it in the text.
03:21I said this in front of the court today.
03:23Therefore, when we say
03:25that the text of the constitution
03:27is important,
03:29then you should include such a thing
03:31in the constitution
03:33as a result of which
03:35a chaotic situation can arise
03:37as it is possible now
03:39that special seats will be given
03:41to other parties.
03:43In the Khyber Pakhtunkhwa Assembly,
03:45it will be a very strange situation
03:47that you will give 8 special seats
03:49to the two-party party.
03:51The public's opinion
03:53and the vote will be negated.
03:55The house that will be formed,
03:57whether it is a provincial assembly
03:59or a national assembly,
04:01will not translate the public's opinion
04:03or the relationship.
04:05The easy and clear way is that
04:07the interpretation was accepted
04:09and it should be accepted even today.
04:11There is no meaning in the text of the law.
04:13No word is written.
04:15It is necessary to have
04:17one seat in Article 51 of the constitution.
04:19The principle of the constitution
04:21is that you have to give priority
04:23to the republic and the role of the political parties.
04:25When a political party
04:27comes to power
04:29with the participation
04:31of free candidates
04:33within three days,
04:35it becomes a parliamentary party.
04:37There is no problem
04:39in accepting
04:41the interpretation that we demand.
04:43Noted.
04:45If you allow me,
04:47I will come to the other aspects.
04:49Mr. Akhil wants to speak.
04:51Mr. Kamran, you comment first
04:53because you raised this point.
04:55I am sure the court also raised it.
04:57Mr. Salman says
04:59that it is not written anywhere
05:01in the constitution
05:03to make sure
05:05that a particular seat
05:07is given to a particular party.
05:09You based all your arguments
05:11on this.
05:13If I understand correctly,
05:15how can we give a seat
05:17to a party?
05:19We have to look at four things.
05:21First, we have to look at the constitution.
05:23Then, we have to look at the Act.
05:25Then, we have to look at the rules.
05:27Then, we have to look at the schedule.
05:29There are four things.
05:31The opinion of their own
05:33parliamentary leader
05:35is on the record.
05:37He said that
05:39he made a mistake.
05:41You can look at these five things.
05:43Since the judgment
05:45has been reserved,
05:47we will have to
05:49have a long discussion.
05:53We did not go
05:55to any forum.
05:57He went to the forum.
05:59He went to the Sunni Ijtihad Council.
06:01When he went to the Sunni Ijtihad Council,
06:03before that,
06:05he was conscious
06:07about different parties.
06:09He was talking to different parties.
06:11You may know about some parties.
06:13You may not know about some parties.
06:15It is possible that Raja
06:17may not know about them.
06:19He was talking to other parties
06:21and he was conscious about this.
06:25When he went,
06:27he went to the Election Commission of Pakistan.
06:29The Election Commission of Pakistan
06:31did not challenge
06:33any law.
06:35They demanded.
06:37When they demanded,
06:39the Sunni Ijtihad Council,
06:41two parties came there.
06:43They requested to form a party.
06:45Pakistan People's Party
06:47and Muslim League Noon.
06:49We were noticed as a parliamentary party.
06:51We were called.
06:53When we were called,
06:55you had to give your opinion
06:57about the four or five things
06:59that were in front of you.
07:01When you give your opinion
07:03about something,
07:05on the legal side,
07:07you will give your opinion
07:09based on your understanding.
07:11Sir, you gave your opinion.
07:13The meaning of your discussion
07:15is that you have written
07:17a list of how long
07:19you should give your opinion.
07:21This was his own opinion.
07:23I know a lot of things
07:25that you may not know,
07:27but I know that he
07:29used to talk to other parties
07:31about this.
07:33His own opinion was that
07:35he should go to the party
07:37that has taken at least one seat.
07:39A lot of people talk about
07:41Baab Party.
07:43Baab Party was given in 2019.
07:45Baab Party was a parliamentary party
07:47to the extent of Pakistan
07:49or to the extent of the Senate.
07:51It was a parliamentary party
07:53and it fought elections
07:55in its own name.
07:57This is the difference between
07:59Baab Party and Baab Party.
08:01When you go to a forum,
08:03you don't challenge
08:05the virus of any law.
08:07All the proceedings
08:09that have come out
08:11are based on the order
08:13of the Election Commission.
08:15One member's opinion
08:17favours Baab Party
08:19and another member's opinion
08:21does not favour Baab Party.
08:23He said that he will not go
08:25but one of the members
08:27from Punjab will go.
08:29He said that he will not go
08:31but the Constitutional
08:33Committee should go
08:35and then five members
08:37will go.
08:39He agreed with the
08:41judgment of the
08:43Election Commission
08:45of Pakistan.
08:47He said that the schedule
08:49for filing the list
08:51was not correct.
08:53He did not say this anywhere.
08:55He had conceded that schedule
08:57and that schedule was admittedly
08:59violated.
09:01When it was admittedly violated
09:03and a party that did not have
09:05any seats, even whose head
09:07was not fighting elections
09:09in its own name,
09:11he ultimately opted
09:13to join it.
09:15The exception is that
09:17the list can be given later
09:19but where can it be given?
09:21Where the list has already been given.
09:23When the list has already been given
09:25and it has been exhausted,
09:27then you have the option
09:29and what comes out of it
09:31is that when you
09:33read it with the schedule,
09:35those who gave the list
09:37within the schedule,
09:39the competition was between them
09:41and not between them
09:43and even after the second party,
09:45these parties wanted to change
09:47or were going to change
09:49and they wanted to change in those three days.