Makhsoos Nashistain Kisi Ko Bhi Nahi Milein Gi, PTI Bhi Siyasi Game Khail Rahi, Sabiq Secretary EC
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00:00A new law has been introduced in the parliament.
00:04The National Assembly has passed it.
00:06The purpose of this law is very clear.
00:12The majority judgment of the Supreme Court has to be null and void.
00:17Or it has to be proven ineffective.
00:21Today, when this law was introduced,
00:23Mr. Balal Azhar Qaini, the MLA of JLM,
00:27and his opponent, Mr. Mubaina, who is also from Farm 47,
00:31are explaining the three basic points of the law.
00:35The National Assembly has passed the amendments to the Elections Act.
00:40There are three sections of the bill.
00:42If you do not submit your party certificate as a candidate in front of the returning officer,
00:47then you will be considered a free candidate.
00:49If any party does not submit its list of reserve seats at the appointed time,
00:53then that party will not be eligible for the quota of reserve seats after the elections.
00:57When a free candidate contests the elections and wins,
01:01and then decides to join a party,
01:05then that decision is irrevocable.
01:07It cannot be reversed.
01:09Viewers, if you look at the draft of the law that has been passed by the National Assembly,
01:14there are three or four sections that have been included.
01:16The current government says that we have only approved the laws of the past.
01:20The important point that has been included in it is that
01:24this law will be in effect from 2017.
01:30The law has been passed today, but it will be in effect retrospectively from 2017.
01:36After that, another point has been included,
01:40that if there is an order from the Supreme Court or a High Court,
01:44then there will be no obstacle in the practice of this law.
01:50This has been targeted by the Supreme Court.
01:54We are not saying this.
01:56Barrister Gohar in the Parliament says this.
02:00Viewers, we have invited Kamal Dilshah to our program.
02:04He is the former Secretary of the Election Commission.
02:06He has a lot of knowledge about the existing laws in Pakistan regarding elections.
02:12We read a lot of his comments in the newspapers.
02:17Thank you very much, Kamal Dilshah.
02:19Please explain in general terms.
02:22A Supreme Court decision has been issued, the biggest court in Pakistan.
02:26The decision is also unambiguous.
02:28It is a majority decision, according to Article 8.5.
02:32In it, as Mr. Barrister Gohar is saying,
02:3411 judges, including the Chief Justice of Pakistan,
02:38agreed that the Election Commission had misinterpreted our decision.
02:44The candidates of Pakistan Tariq-e-Insaf were present.
02:47When the election took place, Pakistan Tariq-e-Insaf should have been present as a parliamentary party.
02:53Due to the wrong decision of the Election Commission,
02:57this was a big mistake.
03:00A grave sin was committed.
03:02All the judgments were made to rectify that sin.
03:07Now, the Parliament has come forward.
03:09The Parliament has passed the law today.
03:11You will go to the Senate on behalf of the National Assembly.
03:13Obviously, there will be an investigation.
03:17So, you tell me, what next?
03:20What do you expect from the people of Pakistan or the media of Pakistan?
03:25On one hand, the Supreme Court's judgment.
03:27On the other hand, the new law of the National Assembly has been passed.
03:31What will you say about this?
03:33You have run the Election Commission for many years.
03:36You have seen the election laws very closely.
03:38Yes, Mr. Qamar.
03:40The most important thing in this is that the majority of the Supreme Court of Pakistan
03:46did not pass a formal ruling.
03:50In fact, they decided that the Election Commission of Pakistan
03:54should take some action on specific seats.
03:58But along with this, a very important thing has happened, which the media has ignored.
04:03The biggest thing in this is that the Election Commission of Pakistan
04:06has presented a new point in the Supreme Court of Pakistan.
04:10According to Section 208 of the Election Act,
04:14Tehreek-e-Insaf did not hold the elections.
04:19So, according to our record, they are not a member of the party.
04:23They do not have a Secretary General or a Chairman.
04:26So, what are the reasons for this?
04:29In this case, who will sign the application?
04:34Neither the Secretary General nor the Chairman can do it.
04:38Because according to the law, he is neither the Chairman nor the Secretary General.
04:42So, this is a loss that the Election Commission has accumulated in the Supreme Court of Pakistan.
04:47So, they will work on it.
04:49But the Election Act that has been approved today,
04:52now the Parliament will be in charge.
04:56And the Supreme Court of Pakistan will not take any action in accordance with that situation.
05:02Just like during the time of Umar Atta Bandiyar,
05:05he had announced the election schedule of Punjab and Khyber Pakhtunkhwa,
05:08but he refused to take part in the Parliament.
05:12Umar Atta Bandiyar was the Chief Justice.
05:15So, looking at these circumstances, we can see that
05:18the women's specific consultations have become political.
05:22It has been out of the law.
05:24Now there is a direct problem.
05:26So, this matter will continue to run between the Election Commission and the Supreme Court.
05:31And there will be no end to it.
05:33But the Parliament has passed a bill.
05:36In my opinion, the Supreme Court of Pakistan can sign a petition.
05:41But looking at the current Chief Justice,
05:44we can see that he will refrain from taking part in this matter.
05:49He has already decided that the Parliament is very weak.
05:52We will accept the decision of the Parliament.
05:55So, the decision given by the Election Act 104 by the Election Commission of Pakistan will remain.
06:02And the Election Commission has acknowledged its authority
06:05that we have to look at the Supreme Court and the High Courts,
06:08but we also have to look at our Election Act.
06:11And today they have got a lot of strength that the Election Act has been approved.
06:16So, in your opinion, this matter is now being presented to the Supreme Court of Pakistan again.
06:23Obviously, you are absolutely right.
06:25When a new law has been made,
06:27and it has also been pointed out that no decision of the Supreme Court will have an effect on it,
06:32no decision of the High Court will have an effect,
06:35then a decision is already in the field.
06:38So, when the decision has to be taken back at some point,
06:41will it go to the government?
06:44I would like to add that after the approval of the Election Act,
06:47the decision of the Supreme Court has no effect.
06:50The Parliament and the Supreme Court have not come forward.
06:55So, they will have to accept the decision of the Parliament,
06:58but they will refrain from taking part in this matter.
07:00Absolutely right.
07:01Mr. Qamar Dilshad, how will the 77 seats be resolved now?
07:10Because the real fight is on that.
07:12Now it has been said that this cannot happen, this cannot happen.
07:16Now, the decision of the Peshawar High Court, the election commission,
07:20you know that the decision of the Supreme Court has already been declared invalid.
07:24What will happen next?
07:26What will be the solution to this problem?
07:28Mr. Qamar Dilshad, you are also right.
07:31We are also seeing that this will continue and time will pass.
07:34And these seats will not be given to any party.
07:37And this system will continue to run like this.
07:39They will not get any party.
07:42I have seen that Sunni Daal is not taking much interest in this.
07:45And the PTI is also playing a political game.
07:47And the PTI is not even able to see that the foreign funding case
07:51that has been forced by the election commission has been decided.
07:55And the foreign funding case that has been forced,
07:58then where will the party stand?
08:00The party will automatically stand.
08:02So, all these matters are very serious.
08:04Slowly, slowly you will see the run.
08:06It is very good, it is very important.
08:08Let it be done today.
08:09Yes, we will do it.
08:10Mr. Qamar Dilshad, thank you very much.
08:12We feel very ashamed.
08:13Thank you very much.