• 5 months ago
" Maryam Nawaz Ne Jo Aaj Judges Ko Target Kya Is Par Tauheen e Adalat Karwai Hosakti Hai, "
Transcript
00:00In Pakistan, in my personal opinion, there is not a single percent chance that an emergency will be imposed in the country.
00:11This is not a joke.
00:13Your economy is on its last breath. You are saying that you want to drive away the investors.
00:19Who will invest in your country for which you are raising slogans?
00:23When you say that there is an emergency in the country, there is not.
00:26But you are trying to drive away the investors.
00:29I understand the constitutional breakdown.
00:32Today, the Election Commission of Pakistan has expressed its unanimous approval for the implementation of this decision.
00:38Although, they have clarified their role in this matter.
00:41Now, we have to wait for a detailed judgment.
00:43But, we did not see the attitude of the government that they will let it be implemented so easily.
00:47They will go to the Parliament, to the Speaker.
00:49They will try to do whatever they can.
00:51So, do you see a constitutional breakdown in the future?
00:58Maria, first of all, what the Election Commission has tried to clarify is that they have tried to argue their case once again.
01:05Although, the Supreme Court has already made a decision.
01:07So, in my opinion, the way they are presenting their arguments on the Supreme Court's arguments is contemptuous.
01:14We will see, we will think about what we can do and what we cannot do.
01:18They do not have this opportunity now.
01:20It is a decree of the Supreme Court.
01:22They have been commanded to do something.
01:24Within 15 days, it is necessary to give those seats to the Muftis.
01:27After that, if they are doing this, then they have this with them.
01:36And, they are a victim of a fundamental misunderstanding.
01:38Which the courts had already hung for them.
01:40So, do not think that your independence is because you are equal to the Supreme Court or a court that gives justice.
01:49Your independence is because you have to file and get the elections done fairly.
01:53If you do not succeed in that work and you fail, then there will definitely be a judicial intervention to punish you.
02:01But, we are seeing this position again.
02:03Constitutional breakdown happens when Sindh wants something in terms of water and Punjab wants something else.
02:08And, the constitution says something else.
02:10Constitutional breakdown happens when the wellheads are of gas and the first right of gas belongs to one province.
02:18And, the people of that province are not getting it.
02:20And, despite that, the constitution says something else.
02:23And, in this, the provinces are interacting with each other and are not listening to the constitution.
02:28Or, the disobedience of the constitution is happening at a state level.
02:31This is not a constitutional breakdown that you did not like a decision.
02:35And, you are threatening the judges that we did not like it and now we are going to tear the constitution.
02:42This is not a constitutional breakdown.
02:44This is a threat of treason.
02:46Article 6 addresses this.
02:48This is not a breakdown within the scope of the constitution.
02:51This is just bad sportsmanship.
02:54A decision has come against you.
02:56A decision has come against you.
02:58That decision is being presented as if it was a judicial gymnastics.
03:02After that, before the decision is implemented, they are leaving the idea that everything will be destroyed.
03:08Yes, it will be destroyed.
03:10But, what you are understanding will not be destroyed.
03:12For the rest of the people, the country may face more difficulties.
03:16This is nonsense.
03:18I think this is a random saber rattling.
03:21And, this is not called a constitutional breakdown.
03:23This is called contempt.
03:25This is what the government is trying to do.
03:27And, the election commission is also pointing out.
03:30So, the election commission is also talking about contempt.
03:33Because, it is very clear that all the judges agree that the election commission of Pakistan's interpretation was wrong.
03:39If the government delays in this matter, then that will also be contempt of court.
03:43Although, they have the right to review.
03:45What can be the legal repercussions if this judgment is not implemented?
03:48Maria, first of all, the way the truth has been used today.
03:54You can post-mortem the judgment of the judges.
03:58You can destroy it.
04:00But, you cannot question the personality of the judges.
04:04You cannot talk about their personality.
04:06You cannot talk about the institution.
04:08You cannot scandalize the institution.
04:12The word contempt is used.
04:15There is also a contempt of court ordinance on it.
04:18And, there can be a proceeding of contempt under Article 204 of the Constitution.
04:23And, I think the judgment given by the Supreme Court is exactly in accordance with the law.
04:30The two orders were of the election commission and one was of the Peshawar High Court.
04:35Both of them were satisfied by the Supreme Court.
04:37On this, there is a judgment of the Hyderabad High Court.
04:40And, there is a judgment of the Supreme Court by Mr. Tashadduk Jilani.
04:43And, there is a judgment of the early Supreme Court.
04:45In which, if a foundation of a building is illegal,
04:50and superstructure which is made over that building, that would also be considered illegal.
04:54If there is an illegal order and a lot of buildings are built on it,
04:58if the fundamental order itself is declared illegal,
05:01then all other set-ups will be illegal.
05:04So, when the two basic decisions are set aside,
05:07then this PTI will go to anti-status, to the previous position.
05:13This is not a rewriting.
05:15In Article 187, it is provided that complete justice will be done,
05:21substantial justice will be done.
05:23For example, in the case of Zulfiqar Ali Bhutto,
05:25under Article 186 of the Constitution,
05:30Article 10 was not given to Zulfiqar Ali Bhutto.
05:34However, that was decided by the Supreme Court of Pakistan.
05:38That was the judgment.
05:40Under Article 186, only the President can send a reference,
05:43on which the question of law is ambiguous.
05:47So, guidance can be taken on that.
05:49Now, when the Supreme Court is listening under Article 187,
05:52or under Article 186, then the Supreme Court is not bound by any restrictions.
05:57When substantial justice is to be done,
05:59then there is no restriction of any kind.
06:01The mistakes that were there, the orders that were illegal,
06:04they have set them aside.
06:06No storm has broken out in that.
06:08Now, see, it is written in this,
06:10that when an election boy comes to the Parliament,
06:14comes to the National Assembly,
06:16then within three days he has to join a party,
06:19Azad Mohid Warne.
06:20In this, what is being said for 15 days,
06:22you see, if the Supreme Court had given three days,
06:24then the situation that could have been implemented today,
06:27these are pro-consequences,
06:29after that election,
06:31if it would have been before joining,
06:34then it could have been said that this is wrong.
06:37But now, because they have done complete justice,
06:39it is a landmark judgment,
06:41and there is no such illegality in it.
06:43Let's see about its implementation.
06:45Now, we see that the government,
06:47it seems that they are not in the mood,
06:49but they will resist further,
06:51and politically also.
06:53We will hear different opinions on this.

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