"Election Act Amendment sey Court Ka Faisla Tabdeel nahi Kiya Jasakta..." Barrister Ali Zafar's Bold Analysis
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"Election Act Amendment sey Court Ka Faisla Tabdeel nahi Kiya Jasakta..." Barrister Ali Zafar's Bold Analysis
"Election Act Amendment sey Court Ka Faisla Tabdeel nahi Kiya Jasakta..." Barrister Ali Zafar's Bold Analysis
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00:00The government has put a hurdle in the way of the Supreme Court's decision to give specific seats to Tehreek-e-Insaaf.
00:07In the National Assembly session, the government has put a hurdle in the way of the Supreme Court's decision to give specific seats to Tehreek-e-Insaaf.
00:07In the National Assembly session, the government has put a hurdle in the way of the Supreme Court's decision to give specific seats to Tehreek-e-Insaaf.
00:17The only purpose of this bill, which was launched in a rush, is to put a hurdle in the way of court decisions and Tehreek-e-Insaaf.
00:23Two important amendments have been introduced in the Election Act Bill.
00:27The first amendment is Section 66 of the Election Act 2017, while the second amendment is Section 104 of the Election Act 2017.
00:34In the first amendment, it has been said that a political party cannot change the name of its membership.
00:41However, according to the second amendment, a party that has not submitted a list of specific seats to the Election Commission cannot be given specific seats.
00:49According to the Constitutional Act 2024, both amendments will be implemented immediately after approval.
00:55The Speaker has sent this bill to the Constituent Committee, but the opposition has protested against the bill.
01:02The bill has been called a No-No bill.
01:05If this bill is approved by the Constituent Committee, if Iwane Bala and Iwane Zeeri pass it, it will become a law.
01:10We will talk about this later.
01:12We have with us Tehreek-e-Insaaf's senior renomer, Barrister Ali Zafar.
01:15Mr. Barrister, are you trying to negate the judicial decision or is there a legal question that whether this bill will affect the judicial decisions of the past or not?
01:28These are the most important amendments.
01:30To what extent are you concerned?
01:32You are absolutely right that he has almost lost his mind and he is completely confused after this judgment.
01:43First, he tried to ban PTI, which we all saw was not possible.
01:50Then he realized how foolish this is.
01:56So, he dropped it.
01:58After that, he has the right to appeal.
02:00It is not an appeal, it is a review.
02:02He has the right, but he knows that he has a 99% chance that he will not be successful.
02:10He will be rejected.
02:12After that, he tried to make more cases.
02:15You saw that our Information Secretary, Mr. Raut, was caught.
02:20He is a decent person, but he was caught.
02:22Today, I got him judicial and tomorrow, God willing, he will be bailed out.
02:27So, these are the kind of tricks he is playing.
02:29Now, his last trick is that he is trying to make an amendment.
02:34But, he cannot change the judgment of the court through the amendment.
02:39So, there too, he will fail.
02:41Undoubtedly, there cannot be an amendment that will change this matter.
02:47And if he wants to amend the law and take reserve seats, then he needs a two-thirds majority.
02:54In the Senate, in the National Assembly, if he does not have it, then he cannot do it.
02:59So, in a way, he should accept himself, which is the reality.
03:04He should accept that justice has been served.
03:07And he wanted to take over.
03:09He could not do it on our seats.
03:11He failed.
03:12He should accept it gracefully.
03:14Then, I think, it will be better.
03:16Instead of creating so much confusion and blaming himself.
03:23Mr. Barrister, you are getting relief from the courts.
03:26The Islamabad High Court has also decided to open your secretariat immediately.
03:30But, on the other hand, you are saying that the government is not able to accept these decisions.
03:34Now, these are the most important amendments.
03:36The first amendment is that no political change can be made.
03:41The second amendment is that if a party does not give a seat, then it cannot be given seats.
03:45What will happen with these amendments?
03:47How much effect will it have, given the situation?
03:50Look, these amendments can be made.
03:52They have a majority.
03:54Of course, they can be made.
03:56But, its application will be for the future.
04:00They cannot make a change in the past.
04:03Because, the judgment has come.
04:05And, when the judgment comes, you cannot make a change retrospectively.
04:11You cannot go back and make a change.
04:13And, the second thing is that if it is a matter of fundamental rights.
04:17It is a matter of fundamental rights of people.
04:20They have done the election.
04:22They have elected in the election.
04:24And, people have given their consent after the election that they want to join PTI.
04:30After that, if the law comes, they cannot change that consent.
04:35Because, it will be against the constitution.
04:37So, yes, they can make a change in the constitution.
04:40The constitution is a majority.
04:42If an amendment is made in the constitution, which they are suggesting.
04:45Then, neither the court nor anyone else can do anything about it.
04:50But, for that, as I said, they need a two-thirds majority.
04:53Because, they are making a general law.
04:55So, the general law cannot go against the constitution.
04:58And, with the general law, they cannot make a retrospective change in the judgment.
05:05As I said, in the future, they can make a change.
05:08They can clarify that if such a thing happened in the future, then this will happen.
05:13But, they cannot make a change in the past.
05:17So, this is also a desperate attempt.
05:19This is also a kind of attempt, as they thought, that we should take over.
05:23Then, they thought, that we should ban PTI.
05:26These are such schemes.
05:29And, many times, it makes us laugh, that how far they are trying to go.
05:34Sir, but, if the bill will not affect the court decision, and it cannot be done.
05:39So, to begin with, why is the government doing this to everyone?
05:43The senior legal wizards are present.
05:46Don't they know that this cannot be done retrospectively, sir?
05:50Exactly, this is the thing.
05:53If they understand and think, then they will see that this is a desperate attempt.
05:59I think that the politicians have told the law ministry to do something.
06:08And, the law ministry, in their tension, suggested that we should try this.
06:14Maybe, this will be successful.
06:16So, this is a kind of shot in the dark.
06:19That is, you become so desperate that you say, throw the gun.
06:23It will hit somewhere.
06:25But, this is a matter of the constitution, the law, the judges.
06:30It is a matter of justice.
06:32A shot in the dark will not work.
06:35In this, you have to make a clear decision.
06:38And, they have only one way.
06:40And, that is, a constitutional amendment.
06:42Apart from that, no one can change it through common laws.
06:47As you raised the right question, why are they doing this?
06:51In my opinion, they are doing this because they are desperate.
06:53When a person becomes desperate, when he does not see anything else, then he says, do something.
06:59Sir, will you challenge this so-called desperation in the court?
07:04Look, it cannot be a malefied legislation because the parliament passes it.
07:09But, the court can definitely see whether the legislation is against the constitution or not.
07:18And, if it is against the constitution, then it can be declared wrong.
07:23That is why, if they try this, then first of all, that attempt should not be successful.
07:32This should be understood only by the parliament.
07:34But, if it is passed in the parliament because it is the majority and we have seen that the laws are bulldozed,
07:40then there will definitely be a challenge in the court.
07:43And, as I said, the court does not leave any room in this.
07:47I do not even see any room.
07:49The court will say that this law can be applied for the future, but not for the past.
07:58You must remember that there was a judgment of the review.
08:01And, the parliament made a decision.
08:04And, after that, I challenged.
08:06And, in the judgment of that review, the Supreme Court decided that you cannot change this law in the past.
08:14And, you cannot change the judgments that have come.
08:18This will be against the constitution.
08:20You can amend it in the constitution, but you cannot do it through the common law without amending the constitution.
08:25So, this will be the case of this law too.
08:27If you are so clear about this law of Mr. Barista, then your insight will be that
08:33not to be deprived of the two-thirds majority, keeping the reserve seats with you,
08:38what is the desperation of this government?
08:40In the case of Tausi, Mr. Qazi Faiz Ishaq has already refused the Chief Justice of Pakistan.
08:45Or, the hope of the judicial package has not ended yet?
08:48Yes, it is possible.
08:50But, I do not have any personal knowledge about it.
08:53So, we can only guess what their aim is.
08:58But, there is so much guesswork that they need a two-thirds majority somehow
09:04so that they can amend the constitution through that two-thirds majority.
09:08And, there can be only one purpose of amending the constitution, so much desperation,
09:13that they cannot do a political competition of PTI.
09:19And, they cannot do it through the common law.
09:21So, it seems that they will bring some amendment in the constitution which is PTI oriented
09:28and that is to keep PTI out of politics.
09:33For example, it is possible that they bring an amendment to ban the political party
09:42so that they get permission to ban it.
09:45Or, they will have some kind of desperate and undemocratic idea against democracy.
09:56Otherwise, there cannot be so much desperation that you can do so much to get a two-thirds majority as they want.
10:03Thank you very much. Barrister Ali Zaf is with us.