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Executive has no choice but to comply with court orders: Justice Shah says not acting on verdicts is ‘constitutional violation’
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Executive has no choice but to comply with court orders: Justice Shah says not acting on verdicts is ‘constitutional violation’
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NewsTranscript
00:00that it is not possible that the judgment of the Supreme Court should not be implemented
00:04the Supreme Court has decided that it has to be implemented
00:07that is the system of this country
00:09judgments should not be implemented
00:11this cannot happen
00:13he is full in control, he is there
00:15and I have very good friends
00:18may Allah give them a lot of life
00:20and they are in control and they are in court
00:22so why am I not fine?
00:25thank you very much for this
00:27but I wanted to clarify
00:29you said acting, so I thought it was not appropriate
00:32then it's fine
00:34then it's fine
00:36about implementation
00:38I want to tell you a little
00:40I am sorry I am just mixing English and Urdu
00:43I understand we have foreign delegates here
00:45but few things from the heart can only be said in our national language
00:49I will keep switching and my apologies in advance to that
00:54excellent
00:56then everything is fine in Urdu
00:59then there is no need for English
01:01excellent, I am very happy to note that
01:03the directions in this judgment
01:06I have gone through, I have seen it
01:08and Mr. Sadal, Mr. Saqib and others have repeated it
01:12I don't want to mention it again
01:15I wanted to come to implementation
01:18that it is not possible that the judgment of the Supreme Court should not be implemented
01:23but here is an example in front of you
01:25in which it is very late
01:27but it should not happen
01:29I am seeing that it is the judgment of 2014
01:31and in this the last hearing
01:33which I have checked the record
01:35the effective hearing
01:37that was on 30th November 2022
01:40in 23 it was in front of the wrong bench
01:42they said there are two members, it cannot be
01:44and in 2024 we have come
01:47so as I said, I personally apologize for this
01:51and of course I will take it up and try to take it further
01:54but I want to underline
01:56and because everyone is sitting and they must be thinking
01:58that in this way judgments are not implemented
02:00it is not like that
02:02the judgments of the Supreme Court are absolutely implemented
02:05and this is the structure of the Constitution
02:07and I would like to say a little about this
02:09recently we said
02:11that this thing should be made absolutely clear
02:13that it is never possible
02:15that the judgment of the Supreme Court should not be implemented
02:18it cannot be
02:20it will be against the Constitution
02:22if this is thought
02:24because the executive institutions have to recognize
02:26that they have no choice
02:28but to comply with the orders of the Supreme Court
02:31I am not saying this, the Constitution is saying this
02:33this is the structure of the Constitution
02:35and this authority is drawn by the Supreme Court
02:37from the Constitution, not from any other document
02:39no one has a choice
02:41to state that it is not right or wrong
02:43the Constitution says that this is judgment
02:45and this judgment has to be implemented
02:47this is the way
02:49you can make the entire structure
02:51but the Constitution
02:53according to the structure of the Constitution
02:55this is the position
02:57and there can be no disregard or delay
02:59to any verdict
03:01otherwise you will ruin the entire legal system
03:03you will ruin the entire balance of the Constitution
03:05and the legal system
03:07if you go in this direction
03:09that judgments should not be implemented
03:11this is not possible
03:13this is also against the separation of powers
03:15separation of powers gives us a task
03:17it gives a task to the executive
03:19it gives a task to the legislature
03:21which is our task
03:23otherwise you will totally out of balance
03:25the concept of separation of powers
03:27and this is the core component
03:29separation of powers
03:31is the core component
03:33of democracy
03:35and it should not be disturbed
03:37remember that our decisions
03:39as we have said recently
03:41in the Supreme Court
03:43this is not something
03:45that you have to implement
03:47as a courtesy
03:49but it is an obligation
03:51it is a constitutional obligation
03:53and you will have to follow it
03:55and this is a very delicate equilibrium
03:57in the Constitution
03:59it is important to respect it
04:01it is our obligation
04:03to keep this balance
04:05and there should be no executive overreach
04:07no one has a choice
04:09to second guess
04:11whether the judgment is right or wrong
04:13it is an obligation of the Supreme Court
04:15the Supreme Court has decided
04:17that has to be implemented
04:19that is the system of this country
04:21that is the Constitution of this country
04:23if you want to make a new system
04:25then make it first
04:27then we will talk about it
04:29moving on, it has become clear
04:31that this is a duty
04:33a constitutional duty
04:35and it has severe consequences
04:37if you do not implement
04:39I want to make this clear
04:41if you do not implement
04:43it will not happen
04:45we will see this judgment
04:47and I assure you
04:49within my powers
04:51I will make sure
04:53that this judgment is implemented
04:55in literary spirit
04:57and we take it to its final conclusion
04:59now
05:01I just want to
05:03talk about
05:05something else also
05:07I want to say
05:09that it will be implemented
05:11and you have made me repeat
05:13that it is not being implemented
05:15but it will be implemented
05:17and we will take it forward
05:19but since this is an opportunity
05:21to talk about minority rights
05:23I want to make a request
05:25that how are we looking at
05:27minority rights in the Supreme Court
05:29how are judges looking at it
05:31how is the legal sector looking at it
05:33we see that we have 96.3%
05:35Muslims in Pakistan
05:372.6% Christians
05:391.6%
05:41and the rest
05:43Sikhs, Buddhists
05:45and the rest
05:47are less than 1%
05:49this is their proportion
05:51I want to make it clear
05:53that minority is just a number
05:55and nothing more
05:57there are less people
05:59we are more Muslims
06:01there is no more difference in the law
06:03all your fundamental rights are in the law
06:05so you should relax
06:07and rest assure
06:09that you are sitting in Pakistan
06:11and you have the same rights
06:13as I do
06:15you have the same fundamental rights
06:17as I do
06:19and minority is just a number
06:21nothing more