"Election Act Amendment sey Court Ka Faisla Tabdeel nahi Kiya Jasakta..." Barrister Ali Zafar's Bold Analysis

  • 3 months ago
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"Election Act Amendment sey Court Ka Faisla Tabdeel nahi Kiya Jasakta..." Barrister Ali Zafar's Bold Analysis
Transcript
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.

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